CESTAT Rulings


Amendment Notification extending SSI exemption to 'arms & ammunition parts' not retrospective 

CESTAT dismisses assessee’s appeal, refuses to give retrospective effect to amendment extending SSI exemption benefit to parts falling under CH 93.06 or 93.07 (arms & ammunitions) of Central...View More

Salted potato chips sold in retail packs exempt; Applies pre-2005 CBEC Circular 

CESTAT rules in favour of assessee, salted potato chips sold in retail packs, classifiable under Chapter Heading (CH) 2005 20 00 as “potatoes prepared or preserved otherwise than by vinegar or a...View More

Denies concession to EOU absent adherence of pre-clearance conditions by EPCG license-holders 

CESTAT denies concessional duty benefit to EOU (assessee) towards clearance of manufactured goods to EPCG license-holders, under Notification Nos. 44/2002-Cus & 55/2003-Cus; Upholds Revenue’...View More

Confirms NCCD levy post-2003; Rejects assessee's 'almost manufactured' plea to escape liability

CESTAT confirms levy of National Calamity Contingent Duty (NCCD) on motor vehicles manufactured & cleared after March 1, 2003; Rejects assessee’s stand that vehicles were ‘almost manuf...View More

Transaction value not rejectable basis 'quotations' giving domestic 'RSP', absent cogent evidence

CESTAT allows assessee’s appeal, transaction / invoice value cannot be rejected basis 'quotation' which gives domestic retail sale price; A mere quotation is vastly different from commercial inv...View More

Deferred sales tax 'payable' under State Incentive Scheme deductable from assessable value

Mumbai CESTAT rules in favour of manufacturer-assessees on the issue of inclusion of difference between deferred sales tax liability and sales tax paid under Deferral Scheme of Maharashtra Packaged Sc...View More

Mould cost non-inclusion before 2000 a bona fide valuation mistake; Interest / penalty inapplicable 

CESTAT dismisses Revenue appeal, sets aside interest under erstwhile Sec. 11AB and penalty u/s 11AC of Central Excise Act for non-inclusion of mould amortisation cost in assessable value of manufactur...View More

 Pet coke supplied to sister unit towards electricity generation for manufacture, CENVATable

CESTAT allows CENVAT credit on pet coke supplied to assessee’s sister unit for generation of electricity, which is ultimately used for manufacture of final product; Rejects Revenue contention th...View More

Optic fibre lease rental taxable basis 'actual receipt', not AS-19 'notional income' 

CESTAT allows assessee's appeal, lease rentals for use of optic fibre cable taxable basis amount actually received, not equalised notional lease rent income disclosed to comply with AS-19; Rejecting R...View More

After recharge vouchers, quashes demand on free SIM cards distributed to dealers 

CESTAT quashes demand in respect of free SIM cards distributed to dealers / distributors by telecom service provider (assessee); Rejects Adjudicating Authority’s view that irrespective of whethe...View More