CESTAT Rulings


Grants exemption on modified air-conditioning systems supplied to Defence Ministry's R&D institutions 

CESTAT grants excise duty exemption under Notification No. 10/97-CE on auto air-conditioning system supplied to Govt. of India’s (Ministry of Defence) R&D institutions for use in specialized...View More

Handling application forms for RBI savings bonds, not "BoFS"; Brokerage not taxable 

Brokerage towards handling of applications on behalf of intending purchasers of RBI’s savings bonds, not taxable as “banking and other financial services” u/s 65(105)(zp) upto Septem...View More

Grants abatement; Free material supplies not includible in "construction services" value 

Value of goods / material supplied 'free of cost' by service recipient for services of "construction of commercial or industrial complex" not includible in computation of taxable value, as has been he...View More

Excess duty-refund available upon assessment finalization basis CAS-4 on clearances to own unit

CESTAT rules on entitlement of refund of excess duty paid towards clearances to own unit, in terms of Rule 8 of Central Excise Valuation Rules; Rejects Revenue’s stand that it is mandatory to fo...View More

Allows CENVAT credit on leased capital goods; Rejects Revenue's 'financing company' plea 

CESTAT allows CENVAT credit on capital goods supplied by principal manufacturer on lease basis for purpose of job-work manufacture; Rejects Revenue’s stand that since principal manufacturer not ...View More

Lighting decoration in a 'building' for social function taxable as "Pandal Services"

CESTAT dismisses assessee's (sub-contractor) appeal, supply of lighting decoration to a building / place in connection to social functions taxable as “pandal and shamiana service" in terms of Se...View More

Physician's samples manufactured on job-work, assessable at 'transaction value'; Applies 'Sun Pharma' ratio 

CESTAT upholds ‘transaction value’ assessment u/s 4(1)(a) of Central Excise Act for physician’s samples manufactured on job-work basis, which in turn are distributed by principal man...View More

TV channels distribution & collection of subscription for foreign broadcasters non-taxable pre-June 2005 

CESTAT dismisses Revenue appeal, services of promotion, marketing, selling and distribution of TV channels and collection of subscription revenue from cable operators and MSOs on behalf of foreign bro...View More

Allows full capital goods credit in year of clearance to associate concern

CESTAT allows full CENVAT credit on capital goods cleared to associate concern after 2 years from purchase, in terms of Rule 4 of CENVAT Credit Rules; Rejects Revenue’s stand that since assessee...View More

Club not liable on receipt of members' subscription & staff accommodation fees 

CESTAT grants partial relief to a Club, quashes service tax demand on subscription / entrance fees received from Members, as also amounts recovered from staff towards accommodation; Applies inter alia...View More