CESTAT Rulings


Denies input credit refund upon opting for Notification exemption; Applies LB ratio 

CESTAT allows Revenue appeal, holds that assessee cannot claim refund of Additional Duty of Excise (Textile and Textile Articles) credit remaining unutilized under Rule 5 of CENVAT Credit Rules, upon ...View More

Duty refund prima-facie available; Treatment in books inconclusive of unjust-enrichment absent final-price enhancement

CESTAT finds assessee prima facie entitled to refund of duty paid under protest on captively consumed intermediate product viz. notional resin contents of wire enamels, holds same not hit by mischief ...View More

Allows exemption on motor-vehicles where credit on chassis / inputs reversed before clearance 

CESTAT rules on entitlement of excise duty exemption on body built on chassis which is received from other manufacturers / suppliers, under Notification Nos. 4/97 and 5/98; Upholds Commissioner (Appea...View More

Allows refund pursuant to excess duty adjustment against short-payment; Unjust enrichment inapplicable

CESTAT allows adjustment of excess duty paid on certain items against short payment in respect of other goods cleared to sister concern, upon finalization of provisional assessment under Rule 7 of Cen...View More

Passengers transportation at prefixed rate not 'tour operator' service pre & post 2008-amendment

CESTAT rules assessee not liable to pay service tax as a 'tour operator' before as well as after the amendment to definition of “tour operator” as per Finance Act 2008; CESTAT states that ...View More

Goods usage sufficient to claim exemption on supplies to UN body, retention condition prospective

CESTAT rules in favour of assessee, states that assessee is eligible for benefit of Notification No 108/95-CE (amended by Notification No 13/2008 dated March 01, 2008) for goods supplied to projects f...View More

Allows credit refund inter-alia of office renovation works, Association membership post 2011 

CESTAT rules in favour of IT Co. (assessee), allows refund of unutilized service tax credit in respect of (i) manpower recruitment or supply agency, (ii) cleaning, (iii) renting of immovable property,...View More

Grants tax refund upon brokerage adjustment; Credit-notes sufficient to disprove 'unjust enrichment' 

CESTAT grants refund of excess service tax paid on ‘brokerage’ towards stock-broker services, pursuant to subsequent downward adjustment thereof through credit notes to clients; Rejects Re...View More

Upholds Rule 6(3) credit reversal on molasses utilised in 'rectified-spirit' & 'denatured-alcohol' manufacture 

CESTAT upholds reversal of input credit at specified percentage in terms of Rule 6(3) of CENVAT Credit Rules (CCR) on molasses used as common input in manufacture of rectified spirit, a non-excisable ...View More

CENVAT credit on capital goods removed ‘after use’ not reversible before 2007 

CESTAT rules out reversal of CENVAT credit on removal of capital goods from factory after being put to use, prior to 2007; Rule 3(5) of CENVAT Credit Rules (CCR) 2004, as it stood then, contemplated c...View More