CESTAT Rulings


Buyer's promotion / advertising expenditure constitutes 'additional consideration'; Follows Indorama Synthetics ruling 

CESTAT allows Revenue appeal, expenditure incurred for advertising and promoting assessee’s product by Coca Cola India Ltd (buyer), includible in assessable value as ‘additional considerat...View More

No duty recoverable from bonafide Scrip / license purchasers towards fraudulent exports overvaluation 

CESTAT grants respite to transferees of DEPB scrips / DFIAs (assessees), no liability imposable towards overvaluation of export goods by original scrip / license holders and assessees entitled to avai...View More

Media costs towards advertisement campaign abroad for India's Tourism Ministry not taxable

No service tax payable on amount recovered as media cost from Ministry of Tourism, Govt. of India towards advertisement campaigns in New York, Paris and London; Rejects Revenue contention that such am...View More

No service tax on entrance fees collected by clubs / associations from members 

CESTAT rules on taxability of clubs or associations, entrance fees collected from new members not exigible to service tax u/s 65(105)(zzze) r/w Sec 65(25aa) of Finance Act; Although ‘principle o...View More

Allows works contract composition benefit w.e.f. June 2007 absent evidence of continuing contract 

CESTAT allows assessee benefit of composition scheme for works contract, finds no violation of Rule 3 of Works Contract (Composition Scheme for Payment of Service Tax) Rules 2007; As per said Rule, as...View More

Classifies 'ilmenite' as "upgraded ore"; 'Beneficiation' includes physical separation; enrichment/roasting inconsequent 

CESTAT rules in favour of assessee (EOU), upholds classification of export goods viz. ‘ore ilmenite’ under Chapter Heading No. (CH) 26140020 of Customs Tariff Act, 1975, as "ilmenite upgra...View More

LPG sold to OMCs, assessable basis 'Ex-refinery', not 'Administered' price, post July 2000 

CESTAT Larger Bench (LB) rules 2-1 on valuation of LPG cleared in bulk from assessee’s refinery to Oil Marketing Companies (OMCs), holds that post July 2000, excise duty to be discharged on tran...View More

Drawings / designs imported in CD format constitute 'IT software', taxable at 'NIL' rate

CESTAT allows assessee’s appeal, designs and drawings imported in CD form classifiable under sub-heading 85238020, Supplementary Note (SN) to CH 8523 applicable as imported goods classifiable as...View More

Rejects 'charitable institution' plea; Yoga / aerobic classes taxable as "Health & Fitness Service" 

CESTAT finds no merit in assessee’s appeal, upholds service tax liability on yoga and aerobics classes conducted by a charitable institution; Relies on coordinate bench decision in Osha Internat...View More

Remands question of assessment of Powder Hair Dye sachet cartons u/s 4 / 4A 

CESTAT partially allows assessee’s appeal, quashes adjudication orders confirming differential duty demand on Powder Hair Dye (PHD) sachets packed in mono packs / cartons, u/s 4 of Central Excis...View More