CESTAT Rulings


Allows input credit distribution of Rule 6(5) services for dutiable & exempted goods​ 

CESTAT allows distribution of entire credit of services specified in Rule 6(5) of CENVAT Credit Rules, 2004 by an Input Service Distributor (ISD) attributable to dutiable as well as exempted goods / s...View More

Rules on 'related party' valuation; Upholds 'overheads' & 'profit' loading on imports

CESTAT upholds 10% loading of ‘overheads’ on imports made by Software Technology Parks (STP) unit from related entity in USA till April 2008; CIF price quoted by supplier in invoices raise...View More

Transportation of mined products prima-facie taxable as 'Mining service', not 'goods transport'

Transportation of mined products from mining beds to various locations situated in mine, prima-facie taxable as ‘Mining services', not 'Goods Transportation Agency service'; Mining a composite a...View More

'Bruce Lee' chops away assessee's tax woes; Image use non-taxable as 'IPR'

Royalty for use of ‘Bruce Lee’ images in mobile games not taxable as ‘Intellectual Property Rights (IPR) service’; Property embodied in visual images falls under 'Copyrights' d...View More

Service credit relating to manufacture in Pune non-utilisable against property in Mumbai

CESTAT disallows CENVAT credit utilisation of input services availed at factory in Pune towards dispensing service tax liability on renting of immovable property located in Mumbai; Recalls basic princ...View More

Refers issue of taxability of tools / spare parts imported for ONGC to Third Member

2 Member CESTAT Bench refers question pertaining to customs duty applicability on tools / spare parts for offshore oil drilling imported on behalf of ONGC via courier, hand baggage and sea, to Third M...View More

Ticket-booking through airlines' sales agents prima facie 'air travel agent service', not BAS 

Ticket booking by Air Travel Agent through General Sales Agent (GSA) of airlines prima-facie taxable as ‘Air Travel Agent Service’, not ‘Business Auxiliary Service’ (BAS); Reje...View More

Expert's opinion ignoring HSN notes rejected in machinery vs parts classification debate 

CESTAT lays down principle for classification of parts and components of lift i.e. whether constitutes “lift machinery” under Central Excise Tariff Heading (CETH) 84.28 or “parts&rdq...View More

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