CESTAT Rulings


Rules on duty leviability on packaged software imports & electronic downloads 

Software licence fee includible in assessable value of media packs imported from related group company pursuant to purchase order from customer in India, in terms of Rule 9(1)(c)/10(1)(c) of Customs V...View More

Upholds demand on audio-visual equipment sale at higher price than import RSP

CESTAT upholds differential duty liability towards mis-declaration of Retail Sale Price (RSP) at the time of import of audio-visual equipment, sold subsequently at higher price to NCCF / Kendriya Bhan...View More

No exemption to jute bags bearing 'brand name'; Reason for affixation inconsequential 

CESTAT confirms denial of excise duty exemption on jute bags manufactured and supplied to State Govt agencies in terms of Jute Control Order issued under Essential Commodities Act, treating them as &l...View More

Penalty not imposable when fraud perpetrated by consultant embezzling service tax amount 

CESTAT grants partial respite to assessee, waives penalty on non-discharge of service tax owing to fraud by consultant, who embezzled the amounts entrusted to him for deposit in Govt. treasury; Reject...View More

Records supplemental findings on foreign 'finance arrangement' services taxability pending Third Member reference 

CESTAT accepts rectification of mistake application of assessee, Member (Judicial) renders supplemental findings on 3 issues for reference to Third Member in order to avoid miscarriage of justice as s...View More

Rejects title relinquishment to expired bonded goods; Upholds duty & penal liability 

CESTAT rejects assessee's claim for relinquishment of title to time expired warehoused goods for which duty already demanded u/s 72(1) of Customs Act, applies Bombay HC ratio in Videocon International...View More

Allows refund of reversed input credit on exempt goods export under Bond

CESTAT grants refund of CENVAT credit reversed in terms of Rule 6(3)(b) of CENVAT Credit Rules (CCR) on clearance of tractors for testing, owing to subsequent export under Bond; Rejects Commissioner (...View More

Unfinished alloy steel forgings classifiable as 'iron / steel articles', not 'machinery / vehicle parts'

CESTAT rules in assessee’s favour, Alloy Steel Forgings (machined) in unfinished form for use rings for Bearing and Gear Blanks, classifiable under Chapter Heading (CH) 732616 (i.e. articles of ...View More

Substitute inputs eligible for credit; No duty on scrap generated at job-workers

CESTAT rules in favour of assessee, allows CENVAT credit on H.R. Sheets of less than 4 mm thickness used as substitutes in manufacture of motor vehicle parts, upon unavailability of H.R. Sheets of 4 m...View More

Computer software is 'goods'; Commissioner to re-determine 'maintenance & repair' exports refund 

CESTAT Third Member concurs with Member (Technical), remands issue of CENVAT credit refund entitlement on export of services of (i) maintenance of software, (ii) testing, (iii) re-engineering and (iv)...View More