CESTAT Rulings


Co-owners not jointly or severally liable for property leased in individual capacity 

CESTAT upholds ​Commissioner (Appeals) findings that co-owners of property not jointly or severally liable ​to service tax under “Renting of Immovable Property Service​"​ category; Notes...View More

Grants rebate; 'Custodial services' towards foreign institutional investments in India constitute 'exports' 

CESTAT grants rebate under Notification No. 11/2005-ST for period May 2006 to February 2007, on custodial services provided to Foreign Institutional Investors (FIIs); Observes that, 'banking and other...View More

Inter-connection charges paid by ISP to another, not "online database access/retrieval service" 

Amount recovered from small time internet service providers (ISPs) who took connection from assessee for rendering services to their customers, not taxable as "online database access or retrieval ...View More

Accepts Revenue classification; 'Base frame' not integral to industrial pumps, mere 'accessory' 

CESTAT upholds Revenue classification of industrial pump ‘base frames’ under residuary entry of CETH 8485, in lieu of CETH 8413 as claimed by manufacturer-assessee; Rejects assessee’...View More

Grants tax refund absent liability on technical services import; Unjust enrichment inapplicable 

CESTAT allows assessee’s appeal, grants refund of service tax paid under ‘Consulting Engineer Service’ category at investigation stage in relation to technical know-how / assistance ...View More

Absent "custodianship", managing Govt bonds for RBI taxable as 'BAS', not 'BoFS'

CESTAT rules in favour of Banking Co., collection of subscription amounts, maintenance of ledger accounts, payment of interest & redemption of bonds for RBI not taxable as “banking and other...View More

Allows refund of service tax mistakenly paid on GTA service by 'sole proprietorship' 

CESTAT dismisses Revenue appeal, allows refund of service tax paid under mistake of law by assessee, a sole proprietorship firm, on 'Goods Transport Agency' (GTA) service; Accepts assessee's contentio...View More

1 year refund limitation for SEZs determinable from actual 'tax payment', not 'advances' 

One year limitation for filing refund claim under Notification No. 40/2012-ST by SEZ Co-developer to be reckoned from 'service tax' payment date, not from date of 'advance payment' to service provider...View More

Cannot restrict credit refund to extent of ST-3 Return amount for quarter

Input services credit refundable under Rule 5 of CENVAT Credit Rules r/w Notification No. 5/2006-CE (NT) to the extent of accumulated credit lying at end of the period for which refund relates; Noting...View More

Collection of EXIM documentation charges for Principal not taxable as 'BAS' pre-June 2005 

CESTAT allows assessee’s appeal, documentation charges relating to Bill of Lading (B/L) re-issue and surrender, administration charges collected directly from customers not taxable as 'Business ...View More