CESTAT Rulings


Can't enforce payment basis exempted goods value, where proportionate input credit reversed

Demand equal to 10% of sale value of exempted final product under Rule 6(3)(b) of CENVAT Credit Rules unsustainable, when assessee reversed proportionate credit on common inputs attributable...View More

Allows credit on inputs found defective during processing / assembling of wrist watches 

CESTAT allows MODVAT credit on inputs found defective during processing / assembling of wrist watches, in terms of Rule 57D of erstwhile Central Excise Rules, 1944; Rejects Revenue contention that inp...View More

Grants refund; Providing synergy between overseas entity & Indian call-centres, constitutes 'export' 

CESTAT grants refund of unutilised input service credit, business support services provided to overseas associated enterprise qualify as ‘export’; Applies Paul Merchants ratio, which was r...View More

Allows credit; External Commercial Borrowings 'in relation to' business; Applies GMR ratio 

CESTAT allows CENVAT credit of service tax paid on reverse charge basis towards external commercial borrowings (ECB), under ‘banking and other financial services’ category; Relying on coor...View More

Stationery charges, godown rent reimbursed to C&F Agent, non-taxable; Valuation Rules inapplicable 

Fixed stationery charges, godown rent and establishment charges reimbursed by client not includible in gross value of taxable services rendered by C&F Agent; Rule 5 of Service Tax (Determination o...View More

'Labels' bearing customer's brand name, covered under "stickers"; Extends SSI exemption benefit 

CESTAT allows SSI exemption benefit on clearances of labels, manufactured bearing customer’s brand name, under clause (e) of Para 4 of amended Notification No. 8/2003-CE; Said clause (e) extends...View More

Allows credit refund; Management consultancy services to foreign entity qualify as 'export' 

CESTAT allows input service credit refund against investment advisory & management consultancy services provided to foreign entity; Sets aside Commissioner (Appeals) order which rejected the refun...View More

Grants credit refund of Dry Dock fabrication despite Nil rated final product 

CESTAT allows assessee’s appeal, grants refund of unutilised ​CENVAT credit to 100% EOU on inputs, input services and capital goods used for fabrication of Dry Dock, towards ship building...View More

Grants pre-deposit waiver to CHA; Transportation freight prima facie not liable to tax 

CESTAT grants full waiver of pre-deposit and stay against recovery, a licensed ocean transportation intermediary prima facie not liable to service tax on freight collected towards transportation servi...View More

‘Saw Dust’ merely manufacturing by-product; Credit available on dutiable & non-dutiable products 

‘Saw Dust’ merely a refuse / by-product generated whilst manufacturing dutiable final products, hence entitled to avail entire credit of duty paid (dutiable and non-dutiable products) in t...View More