CESTAT Rulings


Rejects clubbing sole-proprietorship's clearances with Company, allows SSI benefit upon brand assignment

CESTAT rejects clubbing of clearances from sole proprietorship firm to Pvt. Ltd. Co., merely because sole proprietor held 90% shares in Company, holds that both are separate entities, located at diffe...View More

Allows input service credit against Immovable Property Renting pre-April 2011, absent restriction 

CESTAT allows CENVAT Credit on Input Services used for mall construction, used for rendering output 'renting of immovable property service' pre-April, 2011 absent any restriction under definition of i...View More

Upholds machinery parts classification under respective Tariff, despite meant for equipment assembly 

CESTAT upholds classification of individual agricultural machinery parts under respective Tariff items, even though same meant for agriculture, parts having independent entry in Custom Tariff will mer...View More

Employee recruitment for foreign clients constitutes 'export'; Non-taxable as "Manpower supply" / "BAS" 

CESTAT rules in assessee's favour, amounts received from foreign clients towards recruitment of employees to work in their organization, qualifies as 'export'; Notes that, assessee recruits candidates...View More

Packages offered to airline customers not 'tour operator service', absent planning / scheduling 

Package tours in tie-up with Hotel chains, offered to customers who book tickets from airline’s (assessee’s) website, not taxable as ‘tour operator service’ u/s 65(105)(r) of F...View More

LB to determine imported 'optical fibre cable' classification for telecom operators 

CESTAT Larger Bench (LB) to decide whether optical fibre cable (OFC) merits classification under Customs Tariff Heading (CTH) 85.44 and hence eligible for exemption under Notification No. 24/2005, or ...View More

Adopts foreign manufacturer's 'listing' instead of agent's 'special price', for exhibition import

CESTAT dismisses assessee’s appeal, upholds determination of assessable value of goods i.e. camera for display at exhibition in India, basis manufacturer's price list and not agent's price, unde...View More

Upholds capital goods debonding at FTP depreciation rates upon EOU to EPCG conversion 

CESTAT upholds grant of refund of excess duty paid at the time of debonding of capital goods pursuant to conversion from EOU to EPCG scheme, applying depreciation rates prescribed by FTP; Rejects Reve...View More

Cargo auction proceeds adjustment towards storage & warehousing, not 'consideration for service' 

Adjustment of sale proceeds arising from auction of abandoned imported goods cannot be considered as receipt of service charges towards ‘storage & warehousing services’ by Container Fr...View More

No embargo of prior registration to claim unutilised credit refund on export

Refund of unutilized input service credit under Rule 5 of CENVAT Credit Rules cannot be denied for non-registration prior to export of output services; No stipulation / embargo created in said Rule to...View More