CESTAT Rulings


'Space shortage' an "exceptional circumstance", allows duty-free finished goods storage outside factory 

CESTAT allows extension of permission for final goods storage outside factory premises without duty, where assessee demonstrated “exceptional circumstances” w.r.t. 'nature of goods' and 's...View More

Third Member follows LB ruling; Works contract divisible pre-2007; Invokes extended limitation

Third Member of CESTAT rules in Revenue’s favour, composite works contract can be vivisected even prior to June 1, 2007 & service portion discernible therein can be subjected to service tax ...View More

Disallows SSI exemption on joint use of third party brand name, logo 

CESTAT disallows SSI exemption on manufacture of mixer-grinders under third party brand name and logo, in terms of Notification No. 8/2003-CE; Rejects assessee’s contention that brand name joint...View More

Input credit irreversible upon finished goods exemption, pre-March 2007; Applies TAFE ratio 

CESTAT allows CENVAT credit on inputs lying in stock when finished products, viz. computers became exempt, prior to March 2007; Rule 11(3) of CENVAT Credit Rules providing for reversal of credit on go...View More

TR-6 challan valid document for availing CVD credit; Distinguishes Gujarat HC ruling 

TR-6 challan a valid document for availing credit of additional customs duty / countervailing duty (CVD) paid on jumbo rolls of cinematographic film purchased through Customs auction; During relevant ...View More

Free recharge vouchers distributed to dealers as SIM cards sale commission, non-taxable

No service tax payable on recharge vouchers distributed free of cost to dealers as commission for sale of pre-paid SIM cards by them; During the period April 2003 to September 2006, Explanation to Sec...View More

'Service' not confined to 4 corners of factory; Rented premises credit admissible pre-registration 

CESTAT allows CENVAT credit in respect of service tax paid on renting of premises, before inclusion of same in Central Excise Registration of factory; Said premises used for storage of goods and hence...View More

Remnant cleared to job-worker an 'intermediate input', non-excisable; Applies Larger Bench ratio 

No excise duty payable on removal of waste / remnant for melting by job-worker situated in same premises when subsequently used in excisable goods within factory of manufacture, CESTAT relies on Large...View More

Split verdict on 'ship management contract' vivisection, taxing 'repair / maintenance' component pre-2006 

Third Member to decide taxability of services of ‘operation, maintenance and management’ of vessels owned by ONGC prior to May 2006 and consequently, entitlement of refund of service tax p...View More

Security service at company guesthouse admissible as "input service"; Distinguishes MRF ruling 

Security service provided at company guesthouse admissible as “input service” under Rule 2(l) of CENVAT Credit Rules; Rejects Revenue contention that said service has no nexus with manufac...View More