CESTAT Rulings


Upholds MRP assessment on 50 ltrs lubricating oil packages sold in retail

CESTAT upholds differential excise duty demand, 50 ltrs package of lubricating oil assessable on MRP basis u/s 4A of Central Excise Act, not on cost construction basis in terms of Central Excise Valua...View More

Inputs & factory insurance credit available when included in final product price 

CESTAT rules in favour of assessee, allows CENVAT credit in respect of service tax paid towards insurance of plant & machinery, equipment, inputs, factory & residential buildings / township; R...View More

Revenue empowered to convert free shipping-bills into drawback, on establishing goods' identity 

CESTAT partially allows Air India’s appeal, clarifies that Revenue has power to convert free shipping bills into drawback shipping bills in terms of Sec 149 of Customs Act, subject to establishm...View More

Moisture removal amounts to "manufacture", credit of job-worked goods not reversible 

CESTAT allows assessee’s appeal, removal of moisture from job-worked product (para cumidine), carrying out quality tests, repacking in new containers and labeling same amounts to “manufact...View More

Allows refund despite subsequent incorporation of output service in registration, mPortal relied 

CESTAT rules in assessee's favor, allows refund of accumulated CENVAT Credit for period pre-incorporation of output export service i.e. 'business auxiliary service' and 'business support service', in ...View More

Export Rules intended to make 'service exports' internationally competitive; Refund available pre-April 2005

CESTAT allows assessee’s appeal, Rule 5 of Export of Service Rules applicable to exports made prior to April 19, 2005, same talks about granting rebate of service tax paid and does not provide t...View More

Merchant Banking, M&A, Advisory & Software Development not "Management Consultancy Services" pre-2001

CESTAT grants respite to DSP Merrill Lynch Ltd (assessee), merchant banking, M&A, software development, advisory & retainer-ship services not taxable as “Management Consultancy Services&...View More

Rule 6 credit reversal declaration directory; Cannot negate exemption for minor procedural lapse 

CESTAT finds no fault in reversal of proportionate input services credit attributable to exempted output services in exercise of option under Rule 6(3)(ii) of CENVAT Credit Rules (CCR), despite belate...View More

Exemption through refund unrelated to 'tax rate'; Appeal maintainable before Single Member

Question of service tax exemption under Notification No. 41/2007-ST not relatable to rate of tax, to be considered by Single Member Bench u/s 35D(3) of Central Excise Act where amount involved is less...View More

Onsite Services through overseas branch constitutes 'export', includible in 'turnover' for refund computation

Onsite services provided through overseas branch qualifies as 'export', upholds inclusion of value of such services in both export as well total turnover, for refund computation, in terms of Para 5 of...View More