CESTAT Rulings


'RedBull' classifiable as propreitory caffeinated beverage not aerated water, allows relief

CESTAT rules in favour of assessee, holds energy drink 'RedBull' containing caffeine, glucose etc. a proprietary caffeinated beverage and not mineral and aerated water; 'RedBull' recommended by Food S...View More

Cigarette packing shells / slides constitute 'box', exigible to duty; Refunded duty restitution sustainable 

CESTAT upholds recovery of earlier refunded duty on cleared cigarette shells / slides used for packing purposes, pursuant to SC order in assessee’s own case; As per SC, cigarette shells and slid...View More

Cement cleared to builders qualifies as 'institutional sales', concessional duty benefit available 

CESTAT allows concessional duty benefit to cement manufacturer under Notification No. 4/2006 on cement cleared to bulk consumers i.e. builders, developers and industrial users in 50 kg bags;...View More

Google acceptable as encyclopedia substitute; Upholds wrong classification, confiscation of imported goods 

CESTAT upholds assessee's mis-declaration on imports, term ‘ventilating or recycling hood’ under Customs Tariff cannot be construed as 'ventilating or recycling hood' purported for interme...View More

Separate service contract for erection classifiable as 'Works Contract', Composition benefit available

Separate service contract entered on a stand-alone basis classifiable as ‘works contract’, benefit of Works Contract (Composition Scheme for payment of Service Tax) Rules, 2007 available; ...View More

Renting pipes to farmers not 'tangible goods supply' service, Effective control transferred 

Renting out pipes to farmers not taxable as service of ‘supply of tangible goods’; Rejects Revenue’s denial of assessee’s claim on ground that evidences of VAT payment / VAT as...View More

Relies on medical experts' certificates, allows relief on orthopedic heating belts classification 

CESTAT allows assessee's appeal, orthopedic heating belts classifiable under Chapter Heading (CH) 9021 (as orthopedic appliances) instead of CH 9018 (Instruments and appliances used in medical, surgic...View More

Intermediate goods manufactured as job-worker not specified in SSI exemption notification, taxable 

CESTAT dismisses appeal, upholds duty on 'intermediate' goods not specified in SSI exemption notification, manufactured by assessee as job-worker; Notification No. 83/1994-CE and 84/1994-CE, grants ex...View More

Denying pre-registration input credit, a 'travesty of justice'; Relies on mPortal ratio

CESTAT allows CENVAT credit of capital goods and input services used for setting up of factory, prior to obtaining Central Excise registration; Adjudicating Authority’s view that assessee not a ...View More

Ad film shooting & production taxable as 'video production service', not 'advertising agency' 

Mumbai CESTAT rules that ad films shooting and production taxable as “videotape production service” w.e.f. July 16, 2001; Assessee only shooting programmes prepared by Advertising Agency, ...View More