CESTAT Rulings


Grants credit of commission agent services for 'sales promotion'; Follows Birla Corp. 

CESTAT rules in assessee’s favour, CENVAT credit available on commission paid to agents for “sales promotion” under Business Auxiliary Service; Notes that assessee not only selling g...View More

Distributor commission under Co.'s 'multi-level marketing scheme' taxable as "Business Auxiliary Service" 

CESTAT dismisses assessees' appeal, commission received from binary network company under 'multilevel marketing scheme', taxable as 'Business Auxiliary Service' (BAS) u/s 65(19) of Finance Act, 1994; ...View More

Quashes CVD demand on Set-Top-Box imports absent subscriber 'sale'; MRP valuation inapplicable 

Set Top Boxes (STBs) entrusted to subscriber for viewing TV channels, not governed by Legal Metrology (Package Commodity) Rules (Rules) and hence not liable to countervailing duty (CVD) on import basi...View More

Quashes demand; 'Toll collection' not service "auxiliary / incidental" to National Highway maintenance 

CESTAT quashes service tax demand u/s 65(19) viz. “Business Auxiliary Service” category on collection of toll on National Highways; Rejects Revenue contention that assessee an agent / repr...View More

President uses inherent powers, Refers telecom operators credit issue to Larger Bench 

CESTAT President refers issue pertaining to admissibility of CENVAT credit on telecom towers to 3 Member Larger Bench, in lieu of reference to Third Member; Calls for tagging of present appeals with t...View More

Grants partial respite to Housing Association; Exhibition fees from members not taxable 

CESTAT partially allows Housing Industry Association’s appeal, fees collected from member-builders towards organisation of exhibition not taxable as ‘Business Auxiliary Service’; Rel...View More

Stock inputs' credit irreversible upon switching to accounts segregation for dutiable / exempted goods 

CESTAT rules in assessee’s favour, manufacturer not required to reverse credit of inputs available in stores, work-in-progress and in finished goods before switching over to Rule 6(2) scheme und...View More

Third Member condemns assessee's non-appearance during hearings, but remands for 'natural justice' 

Third Member criticizes assessee’s conduct before Adjudicating Authority in not appearing during various personal hearings, however in interest of justice, remands matter for Commissioner’...View More

Allows input credit to principal, despite goods manufacture & export by job-worker

CESTAT allows CENVAT credit to principal-manufacturer (assessee) despite use of imported goods in manufacture of finished goods on job-work basis and export thereof from job-worker’s premises; A...View More

Maintenance deposit collected by builder before society formation non-taxable; Follows earlier ruling 

‘One-time maintenance charges’ collected by builder-assessee from flat purchasers not exigible to service tax u/s 65(105)(zzg) of Finance Act as “maintenance or repair services&rdquo...View More