CESTAT Rulings


Running HPCL owned retail outlet taxable as BAS, not manpower supply service

Running HPCL's retail outlet to effect physical delivery of petroleum products, provide adequate security, maintain proper and correct account of transactions, handle receipt/storage/delivery of stock...View More

'Body corporate' not taxable under 'Consulting Engineer' pre-May 2006, Simplex ruling relied

CESTAT allows assessee's appeal, rejects Revenue's contention that, assessee, a 'body corporate', rendering engineering and technical services for captive power projects, taxable under 'Consulting Eng...View More

Allows input CENVAT against 'Port' service, credit denial to 'service provider' unsustainable 

CESTAT allows CENVAT credit on inputs (i.e. cement steel), capital goods and input services used for providing output 'Port service', relies upon rulings of Gujarat HC in Mundra Port & Special Eco...View More

'Aquafarming' an "agriculture" activity; Paddle wheel aerators for fisheries, classifiable as "agricultural machine"

CESTAT allows assessee's appeal, ‘paddle wheel aerators and its parts’ used in fish farming / aquaculture (for cultivation of fish / shrimps), classifiable under Customs Tariff Heading (CT...View More

Rebate appeals of DTA - SEZ supplies maintainable before Jt. Secretary (RA), not CESTAT 

CESTAT Larger Bench rules on jurisdiction of Appellate Tribunal to decide appeals against orders relating to rebate on goods supplied to SEZ u/s 35B(1) of Central Excise Act; Observes that whole purpo...View More

Upholds MRP assessment of imported Monitors meant for sale to brand-owners, pre-May 2015

CESTAT upholds MRP valuation of imported LED/LCD monitors meant for sale to HCL / Wipro after affixation of their brand name, u/s 3(2)(b) of Customs Act r/w Sec. 4A of Central Excise Act, for period p...View More

Weakly coal imported for Corex Furnace classifiable as 'Coking Coal', end-use irrelevant

CESTAT rules in favour of assessee, weakly, soft, semi-soft coking coals imported for use in Corex Furnace, classifiable as "Coking Coal" under Customs Tariff Heading (CTH) 27011910, eligible for exem...View More

LB to determine medical equipment exemption upon conditions non-fulfillment post Notification rescission

CESTAT LB to determine entitlement of exemption on imported medical equipment under Notification No. 64/88-Cus post rescission vide Notification No. 99/94-Cus, where conditions stipulated thereunder n...View More

Imported vessel used for 'supply', not classifiable as 'tug'; Eligible for exemption

CESTAT upholds assessee’s classification of imported vessel as ‘Offshore Supply Vessel’ (OSV) under Customs Tariff Heading (CTH) 8901, and hence, eligibility for exemption under Noti...View More

Works contracts non-taxable pre-2007, composition available for on-going contracts; 'Nargarjuna' ruling inconsequential 

CESTAT rules in favour of assessee, allows composition scheme w.e.f. June 1, 2007 i.r.o. ongoing works contracts on which service tax was paid, in light of SC decision in L&T Ltd and others; When ...View More