CESTAT Rulings


Tower space leasing not 'BAS' pre-2007; But no respite on dark-fibre lease 

Leasing of space on microwave towers for installation of equipment by cellular operators not taxable as ‘business auxiliary service’ (BAS) prior to June 1, 2007; Perusing Sec 65(19) of Fin...View More

Goods transportation through buses not 'BSS' though related to businessmen's commercial activity 

CESTAT partially allows assessee’s appeal, sets aside service tax demand under ‘business support services’ (BSS) category i.r.o. transportation of goods belonging to businessmen thro...View More

5-Member LB rejects Revenue's 'misconceived' stand; Seized goods release orders appealable before CESTAT 

5 Member Larger Bench (LB) answers reference in assessee’s favour, appeal against order of provisional release of seized goods u/s 110 of Customs Act maintainable before CESTAT in terms of Sec 1...View More

'Blanket' exemption, in lieu of 'refund' available where service provider & exporter same 

CESTAT allows assessee’s appeal by way of remand, rules that exporter who is also liable to service tax on reverse charge basis towards GTA service, shall be entitled to blanket exemption under ...View More

Learning Centre not taxable for providing distance education under aegis of University 

CESTAT quashes service tax demand against Learning Centre on distance education provided to students as per MOU with Universities; Training and coaching provided by assessee forms an essential part of...View More

Allows VCES benefit; 'Serving' of notice imperative, mere 'issuance' inconsequential for disqualification 

CESTAT allows benefit of VCES, mere issuance of show cause notice demanding unpaid tax before March 1, 2013 cannot disqualify assessee in terms of Sec 106(1) of Finance Act 2013; Law contained in Sec ...View More

Supervision incidental to plant erection & commissioning; Absent consideration, no tax payable 

Supervision by engineer during erection and commissioning of limestone crushing plant neither taxable as ‘erection, commissioning or installation service’ nor ‘consulting engineer se...View More

CENVAT Account debit not sufficient 'pre-deposit' compliance where payment disputed under Rule 8(3A) 

CESTAT dismisses appeal, duty payment through CENVAT Credit Account not sufficient compliance of mandatory pre-deposit u/s 35F of Central Excise Act; Whole purpose of Sec 35F is to ensure that orders ...View More

Rejects transaction value for related-party imports; Praises lower authorities for "meticulous" adjudication 

CESTAT rules against assessee, rejects declared transaction value towards import of railway signalling equipment from related group companies; Rejects assessee’s arm’s length plea finding ...View More

Deduction from contract value impermissible where Works Contract Composition scheme opted 

CESTAT rejects assessee's claim for deduction of tax payable from contract value u/s 67(2) of Finance Act, 1994, where service tax liability discharged by opting for Works Contract Composition Scheme;...View More