CESTAT Rulings


Failure to file return does not demonstrate tax-evasion intent; Demand against jewellery manufacturer unsustainable 

CESTAT Delhi sets aside extended period demand against jewellery manufacturer, observes “Although on merits, we have held that the appellant is liable to pay central excise duty on manufacture o...View More

Quashes demand raised merely based on Form 26AS statement without analyzing Assessee's activities/documents 

CESTAT Allahabad quashes demand raised under ‘Real Estate Agent’ service merely basis figures shown in Form 26AS statement; Finds that, SCN mentions service rendered by Assessee as ‘...View More

Quashes levy under BAS on GDS commission, incentives, cancellation charges received by Air-travel agent 

CESTAT Mumbai drops service tax demand against ‘Air Travel Agent’on commission/incentive received from Global Distribution System (GDS) companies for visa and passport processing along wit...View More

General observation with cogent material on deliberate suppression etc, necessary to sustain penalty 

CESTAT Hyderabad holds that in order to levy penalty u/s 73(3) of the Finance Act, the Department must bring out anything substantive or positive on record about deliberate and intentional suppression...View More

Quashes Duty on Aromatic Compounds captively consumed for Agarbatti manufacturing, Citing Lack of Marketability 

CESTAT Mumbai quashes excise duty demand on aromatic compounds used captively within the factory to manufacture ‘Agarbatties’ by the assessee; States that since the aromatic compound used ...View More

Quashes refund rejection to Accenture on input-services received in SEZ-unit basis procedural infirmities 

CESTAT Mumbai holds that “exemption benefits by way of refund, extended to taxable services provided to SEZ under Section 26 of the Special Economic Zones Act, 2005 cannot be denied on the groun...View More

CENVAT-credit cannot be denied if service tax on non-service activity is accepted by Revenue 

CESTAT Mumbai sets-aside and remands matter with respect to the issue of availment of CENVAT-credit of service tax paid on input services which go into provision of passengers service fee, development...View More

Denies refund to Tech-Mahindra w.r.t on-site services provided to customers abroad 

CESTAT Mumbai dismisses batch of appeals filed by Tech-Mahindra (Assessee) in respect of refund of accumulated unutilized CENVAT-Credit w.r.t on-site services provided to its overseas customers throug...View More

License fees already subjected to VAT cannot be taxed again under IT software services 

CESTAT Chennai holds that the licence fee collected from the corporate clients, on which the assessee has paid VAT treating it as sale, cannot be once again included in the taxable value of service re...View More

Exempting maintenance-and-repairs-services to electricity lines pre-negative-list regime, sustains liability as works-contract post-negative-list 

CESTAT Allahabad exempts service-tax liability on maintenance and repair facilities provided to State Electricity Board prior to 1st July 2012; Squarely follows the ruling of CESTAT New Delhi in a ple...View More