CESTAT Rulings


Pipeline in continental shelf liable to customs ; Rejects European GST ruling ratio

Customs duty a destination based consumption tax, upholds customs duty on pipeline installed in non-designated area in Continental Shelf and Exclusive Economic Zone of India; Relies on SC ruling in Ab...View More

Duty on DTA clearance by EOU an excise levy, eligible for CENVAT 

Allows CENVAT credit of duty paid by 100% EOU on DTA clearance under proviso to Section 3(1) of Central Excise Act, 1944 (Act); Follows Delhi CESTAT ruling in Amtek Auto Ltd.; Accepts assessee’s...View More

Coal classifiable as 'cargo'; Loading / Unloading taxable as 'cargo handling service'

Service tax applicable on loading / unloading of coal as 'cargo handling services' u/s 65(23) of Finance Act, 1994; Coal classifiable as 'cargo', relies on dictionary meaning to hold that transportati...View More

Project evaluation, construction, management a Consulting Engineer service, not real estate agent

Overall Management / administration provided by assessee (an offshore service provider) for Sahara India’s project at Amby Vally taxable under ‘Consulting Engineer services’ and not ...View More

TV advertising solicitation from domestic & foreign advertisers taxable as 'broadcasting service' 

CESTAT upholds service tax on television advertising solicitation in India on behalf of foreign broadcaster as ‘broadcasting services’ u/s 65(105)(zk) r/w Sec 65(15) & (16) of Finance ...View More

Land leasing by Govt Corporation not sovereign function, taxable as 'renting service'

Lease of land by Maharashtra Industrial Development Corporation (MIDC) for construction of building not a sovereign function, prima-facie taxable as 'renting of immovable property service'; Corporatio...View More

Bill discounting by banks not loan, interest income liable to service tax

CESTAT rules on service tax applicability on interest received by Bank​ ​on bill discounting facility extended to customers; Interest charged /​ ​collected thereby includible in value of taxab...View More

Allows credit on towers used for providing 'passive infrastructure'; Distinguishes Airtel ruling

CESTAT allows input service credit on towers / Base Transceiver Station cabins used for providing output service of Passive Telecom Infrastructure; Distinguishes Tribunal ruling in Bharti Airtel,...View More

Quashes Commissioner's order without reasons, as wholly perverse; Allows outward GTA credit

CESTAT quashes Commissioner’s order disallowing CENVAT credit on outward transportation charges on FOR sales; Relies on rulings of Chattisgarh HC in own case and P&H in Ambuja Cement; Said o...View More

Audio-visual coverage of IPL matches for BCCI taxable as 'programme producer services' 

Audio-visual coverage of Indian Premier League (IPL) matches for and on behalf of BCCI by non-resident service providers taxable on reverse charge basis as ‘programme producer services’ pr...View More