CESTAT Rulings


Contemporaneous imports MRP inapplicable u/s 4A; Rejects price re-determination absent SWM Act violation 

CESTAT rejects re-determination of Retail Sale Price (RSP) based on contemporaneous RSP of imported mobile phones, holding same not in conformity with Section 4A of Central Excise Act r/w Central Exci...View More

Reimbursement towards testing on buyer's behalf, excludible from finished goods' assessable value

Reimbursement of charges towards testing by Research Designs and Standards Organization (RDSO) not includible in assessable value, if finished goods marketable without such testing / inspection done o...View More

Study material sold separately by coaching centre not exigible to service tax 

CESTAT rules in favour of assessee, study material package supplied by coaching centre not exigible to service tax; Assessee showed sale value of study material separately in invoices raised on studen...View More

Company employees transportation not taxable as 'tour operator service' pre & post 2004 

CESTAT quashes service tax demand on activity of transporting company employees from specific points to the factory / establishment and back, under the category of “tour operator service” ...View More

Crane Girder / Rail essential for machinery functioning, qualify as capital goods 'accessories'

CESTAT allows CENVAT credit on Crane Girder, Crane Auxiliary Girder & Crane Rail as “capital goods”, and extends benefit of exemption Notification No. 67/1995-CE; Rejects Revenue's rel...View More

Upholds CENVAT credit of 'railway tracks' for goods transportation as "capital goods" 

CESTAT upholds admissibility of CENVAT credit on rails, railway track used inside factory for raw material & finished goods transportation, when same held eligible by Revenue for subsequent period...View More

Delayed refund interest payable upto sanction date, though Consumer Welfare Fund credit unsustainable 

CESTAT dismisses assessee’s appeal, finds no infirmity in payment of interest on delayed refund upto the date of credit in Consumer Welfare Fund, instead of date of actual refund pursuant to CES...View More

Computer printouts / ERP system monitoring goods movement, acceptable for exemption claim verification 

CESTAT rejects Adjudicating Authority's findings, documents submitted by assessee (EOU) for verification of exemption claim under Notification No. 23/2003-CE cannot be held invalid merely on ground th...View More

Verification of customer addresses not equivalent to bank services promotion, not 'BAS' 

Verification of customers’ details such as residential and employers’ addresses for banks, not taxable as “business auxiliary service” (BAS) u/s 65(19) of Finance Act; Such ser...View More

Quashes distributor's related-party import price loading vis-a-vis unrelated retailers, absent commercial parity 

CESTAT quashes loading of 12.5% on declared value of watches imported by distributor (assessee) from related foreign supplier, in terms of Rule 4 of Customs Valuation Rules; As per said Rule, transact...View More