CESTAT Rulings


Demand unsustainable under Maintenance, Repair service for amount collected from flat owners 

CESTAT sets aside demand under Management, Maintenance or Repair Service of building, on amount collected by builder from flat owners as reimbursement of payment made to various service providers; Not...View More

Grants import exemption; Notification no. immaterial when requisite Certificate demonstrates intended purpose

CESTAT rules in favor of assessee, extends benefit of customs duty exemption on goods imported to Continental Shelf of India and Exclusive Economic Zones; Denial of exemption because Essentiality Cert...View More

Upholds MRP assessment on 50 ltrs lubricating oil packages sold in retail

CESTAT upholds differential excise duty demand, 50 ltrs package of lubricating oil assessable on MRP basis u/s 4A of Central Excise Act, not on cost construction basis in terms of Central Excise Valua...View More

Inputs & factory insurance credit available when included in final product price 

CESTAT rules in favour of assessee, allows CENVAT credit in respect of service tax paid towards insurance of plant & machinery, equipment, inputs, factory & residential buildings / township; R...View More

Revenue empowered to convert free shipping-bills into drawback, on establishing goods' identity 

CESTAT partially allows Air India’s appeal, clarifies that Revenue has power to convert free shipping bills into drawback shipping bills in terms of Sec 149 of Customs Act, subject to establishm...View More

Moisture removal amounts to "manufacture", credit of job-worked goods not reversible 

CESTAT allows assessee’s appeal, removal of moisture from job-worked product (para cumidine), carrying out quality tests, repacking in new containers and labeling same amounts to “manufact...View More

Allows refund despite subsequent incorporation of output service in registration, mPortal relied 

CESTAT rules in assessee's favor, allows refund of accumulated CENVAT Credit for period pre-incorporation of output export service i.e. 'business auxiliary service' and 'business support service', in ...View More

Export Rules intended to make 'service exports' internationally competitive; Refund available pre-April 2005

CESTAT allows assessee’s appeal, Rule 5 of Export of Service Rules applicable to exports made prior to April 19, 2005, same talks about granting rebate of service tax paid and does not provide t...View More

Merchant Banking, M&A, Advisory & Software Development not "Management Consultancy Services" pre-2001

CESTAT grants respite to DSP Merrill Lynch Ltd (assessee), merchant banking, M&A, software development, advisory & retainer-ship services not taxable as “Management Consultancy Services&...View More

Rule 6 credit reversal declaration directory; Cannot negate exemption for minor procedural lapse 

CESTAT finds no fault in reversal of proportionate input services credit attributable to exempted output services in exercise of option under Rule 6(3)(ii) of CENVAT Credit Rules (CCR), despite belate...View More