CESTAT Rulings


Show cause notice unjustified upon suo motu discharge of short-paid duty; Interest applicable

CESTAT rules in favour of assessee, finds no justification in issuance of show cause notice after suo motu discharge of short paid excise duty with interest and intimation to Dept. authorities thereof...View More

Indian branch non-taxable for foreign CRS services availed by HO; Follows British Airways 

CESTAT rules in favour of international airlines having branch offices in India, services received from foreign based Computerized Reservation System (CRS) companies towards air ticket booking / cance...View More

Allows CENVAT credit on bought out plastic bottles resold after affixing caps

CESTAT allows CENVAT credit on bought out plastic bottles resold after affixing manufactured caps, in terms of Rule 16 of Central Excise Rules; Plain reading of Rule 16(1) & (2) shows that CENVAT ...View More

Credit of stock inputs not reversible upon subsequent exemption of final product 

No reversal of MODVAT credit on inputs lying in stock upon exemption of final product viz. ‘Vanaspati’ from whole of excise duty by virtue of Notification No. 15/1996; Notes that at releva...View More

Disallows tax liability discharge through CENVAT credit earned post payment due date 

CESTAT disallows service tax liability payment of a particular month through CENVAT credit earned subsequent to due date; As per proviso to Rule 3(4) of CENVAT Credit Rules, service tax liability of a...View More

Glue sticks / correction pens below threshold weight / measurement not assessable at 'retail price'

CESTAT upholds Commissioner (Appeals) order, correction pens and glue sticks weighing less than 10 ml and 10 gm respectively not assessable at retail price u/s 4A of Central Excise Act; Such commoditi...View More

DTA - SEZ supplies constitute 'physical exports'; Assessee entitled to accumulated CENVAT credit refund 

CESTAT allows accumulated CENVAT credit refund under Rule 5 of CENVAT Credit Rules on supply of final products to SEZ; Sets aside adjudication order which denied refund on the ground that such supplie...View More

Confiscation impermissible once goods entered for exports into Customs, declared as 'prohibited' 

CESTAT rules in favor of assessee, quashes confiscation of export goods viz. skimmed milk consequent to prohibition thereof in terms of Notification No. 23(RE-2010)/2009-14 r/w subsequent Notification...View More

Upholds input credit reversal on exempt goods; Duty-payment cannot render them 'dutiable' 

CESTAT dismisses assessee’s appeal, upholds reversal of CENVAT credit in respect of common inputs used in manufacture of both excisable & exempted finished goods under Rule 6(3) of CENVAT Cr...View More

Staff deputation to Group Cos. as marketing-network sharing, constitutes 'joint-employment', not "BAS" 

CESTAT sets aside adjudication order, sharing of marketing network through employee deputation at group companies and recovery of expenses in form of percentage of value of sale, not taxable as &ldquo...View More