CESTAT Rulings


Shipping / barging charges part of imported goods value, non-taxable as 'Cargo Service' 

Shipping / barging charges towards transportation of imported goods from mother vessel not taxable under 'cargo handling services' u/s 65(23) r/w Sec 65(105)(zr) of Finance Act; Sec 14 of Cu...View More

Services received by overseas branches non-taxable; Local GST / VAT payment relevant

No tax applicable on services received by overseas branches on which local (country) VAT / GST already paid; Rejects Revenue contention that such branch offices act only as facilitators and that servi...View More

'Manufacture' under EXIM Policy, not Excise, relevant for Advance Licenses; Waives pre-deposit 

CESTAT allows customs duty exemption on import of bulk drugs through high seas sale under Advance Licenses, for manufacture and export of compacted drugs; Rejects Revenue contention that process of co...View More

Transportation charges for depot sale - taxable or not? Third Member to decide

2 Member Bench refers matter on inclusion of transportation charges in assessable value of petroleum goods supplied to ONGC from depot, to Third Member; As per Member (Technical), since sale takes pla...View More

Allows EPCG benefit to Hotelier; Different classification for customs & ITC(HS) purpose unsustainable

CESTAT allows import of ‘calcareous stone’ by Hotelier, on availment of EPCG Scheme benefit under Notification No. 103/2009-Cus; Rejects Adjudicating Authority’s classification of go...View More

Mumbai Police deployment for events prima facie not 'Security Agency services'; Waives pre-deposit 

Services provided by Mumbai Police to individuals / organisations for private and public events prima facie not taxable as ‘Security Agency Services’ u/s 65(94) r/w Sec 65(105)(w) of Finan...View More

No tax prima-facie on collateral lending; Amount retained constitutes 'interest on loan'

Service tax prima-facie inapplicable on amount retained by Bank while advancing loan through Clearing Corporation of India (CCIL); Such transaction of collateral borrowing and lending amounts to givin...View More

Allows concessional rate benefit on Imaging plate / IP Casette as X-ray machine 'accessory' 

CESTAT allows concessional rate benefit of 5% under Notification No. 21/2002-Cus. (NT) on Imaging Plates (IP) and IP Casettes as accessories of X-ray machine; Exemption benefit available under Sr. no....View More

Allows credit of plant installation, Service beyond 'place of removal' irrelevant factor 

CESTAT allows credit of plant installation/erection service at customers' premises, where entire contract a composite one, and no extra consideration recovered for these services; Relies upon decision...View More

Customs duty inapplicable on burning loss generated during manufacture in bonded warehouse

Burning loss arising during manufacture in a customs bonded warehouse (CBW), not liable to customs duty u/s 65(2) of Customs Act, 1962, as waste and scrap; Assessee availed benefit of Notification No....View More