CESTAT Rulings


Contract carriage not 'tourist vehicle'; Employee transportation not 'tour operator service' pre-Sept 2004 

Contract Carriage Vehicles providing to ​& fro ​​bus transportation to Company employees not 'tourist vehicle​s​'; ​Prior to Sept​ember​ 2004​,​ only person engaged in operatin...View More

Beverage company ineligible for credit on quality control services at bottler’s premises

CENVAT Credit prima-facie unavailable on quality control & testing services provided by third party at bottler’s premises, absent any integral connection with soft drink concentrate manufact...View More

Third Member allows input credit on slitting / pickling of HR coils; Sec 5B inapplicable 

Third Member concurs with Member (Judicial), allows input credit​ on H.R. Coils subjected to process of ​slit​ting​​ & pickling​ ​and cleared on payment of duty; ​Rejects Revenue c...View More

Lambasts Revenue for non-disbursal of refund; Threatens "Court Contempt" against erring officials 

Lambasts Revenue for not disbursing rebate / refund despite Tribunal’s clear direction to dispose of claim within one month; Tribunal sanctioned refund after considering all relevant documents, ...View More

Allows SAD exemption & Education Cess credit utilisation on EOU - DTA stock transfer

CESTAT allows Special Additional Duty (SAD) exemption on stock transfer by EOU to units in DTA under Notification No. 23/2003-CE; A plain interpretation of condition that ‘goods must not be exem...View More

No tax payable on construction and maintenance of sub-stations for electricity transmission 

Construction and maintenance of sub-stations for Maharashtra State Electricity Transmission Co. exempt from service tax under Notification No.45/2010​-ST​; Said Notification exempt​s​ taxable ...View More

Charter-hiring oil drilling rigs beyond territorial waters taxable as 'tangible goods supply'

Charter hire of oil drilling rigs for operation in Continental Shelf / Exclusive Economic Zone of India, beyond territorial waters, taxable as ‘supply of tangible goods for use’ service u/...View More

Erection, commissioning of imported equipment a condition of sale; Design / engineering charges taxable 

​Charges for design​, engineering ​and technical supervision of equipment imported for erection, commissioning​ and installation of plant,​ ​includible in assessable value, liable to custo...View More

Third Member denies Anti-dumping duty exemption against transferred authorisation imports

Third Member of CESTAT concurs with Member (Technical), denies Anti-dumping Duty (ADD) exemption under Notification No. 98/2009-Cus on imports against transferred Duty Free Import Authorisation (DFIA)...View More

SEZ refunds on higher platform than Sec 11B; Interest payable on delayed sanction

​​CESTAT upholds ​interest on ​refund ​delay in respect of services rendered to SEZ unit; Rejects Revenue contention that Notification No. 9/2009-ST​,​ as amended by Notification No. 15/...View More