CESTAT Rulings


Prerequisite royalty for right to use software includible in imported CDs value

CESTAT rejects import value of software CDs declared by assessee, holds that royalty payable by OEMs / Distribution Service Providers (DSPs) to Microsoft towards right to use software purchased from a...View More

Upholds chlorine as 'by-product' of caustic soda for determining Indian producers' non-injurious price

CESTAT upholds treatment of chlorine as ‘by-product’ instead of ‘co-product’, by Designated Authority to arrive at non-injurious price while determining imposition of anti-dump...View More

Tax reimbursements by agents to Insurance service-provider, not creditable to Central Govt.

CESTAT rules in favour of insurance service provider (assessee), holds that portion of service tax liability reimbursed by its agents under an agreement, is not recoverable u/s 73A of Finance Act; Not...View More

Machinery parts imported at different ports in separate consignments, not assessable separately

CESTAT sets aside confiscation of parts of secondhand machinery, where parts of single machine were imported at two different ports (i.e. JNPT Nhava Sheva and New Customs House, Mumbai Port), at ...View More

Wood-slats imported for 'pencil' manufacture classifiable as "Pencil Slat", not "plywood sheet" 

CESTAT rules in assessee’s favour, imported ‘Wood Slats’ used for manufacture of pencils classifiable as ‘Pencil Slat’ under Custom Tariff Heading (CTH) 4421.90, not unde...View More

'Value addition' irrelevant while apportioning common services credit between dutiable & traded goods

CESTAT rules  in favour of Revenue, states that manufacturer of goods or output service provider who does not maintain separate accounts for common inputs & input services used in manufa...View More

Rejects Revenue's "narrow audit" plea, CENVAT credit recovery beyond limitation period unsustainable

CESTAT sets aside Adjudicating Authority order to the extent demands for wrong availment / utilization of CENVAT credit were held to be due for discharge by default, despite being barred by limitation...View More

Grants concession affording 'benefit of doubt' to importer; Lab Report not credible

CESTAT allows concessional customs duty benefit affording ‘benefit of doubt’ to importer, owing to lack of credibility attributable to Customs laboratory report; While Notification No. 26/...View More

Reverse-charge taxation inapplicable on financial assistance from Asian Development Bank /International Financial Corporation

CESTAT sets aside reverse charge demand of Rs. 8.23 Cr (approx.) u/s 65(105)(zm) r/w Section 65(12) of Finance Act i.e. ‘banking & other financial services’, in respect of commitment c...View More

Waste foam-pattis not "laminated textile fabrics"; Demand beyond SC's remand & SCN

Side trimmings of laminated, impregnated and coated fabrics used in manufacture of sofa sets & chairs, not classifiable as “laminated textile fabrics” under residuary CETH 59.03; CESTA...View More