CESTAT Rulings


Branch Situs determines taxability; Allows ​credit of insurance auxiliary services in J&K

CESTAT allows CENVAT credit of service tax erroneously paid as recipient of service, construing it as ‘refund of tax wrongly paid’; Assessee received insurance auxiliary service in Jammu &...View More

Software usage promotes CRS companies' business, prima facie taxable as 'BAS'; Directs pre-deposit

Receipt of incentive / consideration by travel agent for use of ticket booking software from Computer Reservation System (CRS) companies constitutes business / product promotion, prima facie taxable a...View More

Promoting IT education on State corporation's behalf non-taxable as 'Business Auxiliary Service' 

Functioning as 'Authorized lead agency' of Maharashtra Knowledge Corporation Ltd. (MKCL) for promotion of information technology education, exempt from scope of 'Business Auxiliary Service' (BAS) unde...View More

Allows input service refund on national waterway exports before introduction under Notification 17/2009-ST

CESTAT rules on relief eligibility conflict between erstwhile Notification No. 17/2009-ST and subsequent Notification No. 40/2009-ST; Allows service tax refund claim on transport of export goods throu...View More

Sub-contractor's tax liability independent of main contractor; Directs pre-deposit basis Sunil Hi-Tech ratio 

Sub-contractor liable to service tax notwithstanding discharge of service tax by main contractor; Relies on Larger Bench ratio in Vijay Sharma & Co. and co-ordinate bench ruling in Sunil Hi-Tech E...View More

Allows excess duty refund on finished product clearance absent input credit availment / utilisation 

Assessee entitled to refund of excess excise duty paid on input viz. Ethanol on clearance of finished product – Ethanol Blended Motor Spirit absent availment / utilisation of CENVAT Credit there...View More

Leasing vacant land for building construction not 'immovable property renting' pre-July 2010

Leasing of vacant land for construction of building / temporary structure for use in furtherance of business & commerce taxable as ‘renting of immovable property’ u/s 65(105)(zzzz) of ...View More

Furious over Revenue's "high decibel", logic defying application questioning Larger Bench reference; Admonishes DR 

CESTAT rejects Revenue’s rectification of mistake application against earlier order requesting CESTAT President to place matter in case of Larsen & Toubro Ltd before 5 member larger bench (L...View More

Abatement benefit unavailable on approximations, documentary proof must; Relies on G.D. Builders' ratio 

Abatement towards goods & material sold by service provider unavailable basis plausible explanations and / or approximations, Notification No. 12/2003-ST must be strictly construed; Though value o...View More

Administrative support to group companies not 'management consultancy'; Upholds 'BAS' classification post-July 2003 

CESTAT upholds classification of ​​administrative support services such as assistance in marketing, obtaining loans from financial institutions, liaising with Govt agencies for various permissions...View More