CESTAT Rulings


User documentation charges relating to goods supplied forms part of assessable value 

CESTAT allows excise duty exemption under Notification No. 64/95-CE on supply of platforms and missiles made by assessee to Indian Navy; Such missiles required for use/construction of warships, since ...View More

Playing cards covered under 'sports goods' for concessional duty; Distinguishes Funskool ruling

'Playing Cards' eligible for exemption from payment of Central Excise duty under Notification No. 02/2011 dated March 1, 2011 to the extent of 5%; All products falling under Chapter 95 of First Schedu...View More

Allows rebate to GE India against R&D service exported to overseas entity 

CESTAT allows rebate against export of R&D services to overseas entity relying on Delhi Tribunal rulings in GAP International Sourcing (India) Pvt Ltd and Paul Merchants Ltd; Rejects Revenue conte...View More

Rule 6(7B) an 'option'; Revenue cannot demand higher tax for non-satisfaction with consideration 

CESTAT sets aside service tax demand @ 0.25% of gross amount charged towards sale and purchase of foreign exchange, under Banking and Other Financial Services (BoFS); Combined reading of Sec 65(12) of...View More

DGFT clarification not binding on Customs authorities for Tariff classification 

CESTAT rules on classification of surplus Marine Gas Oil (HSD) / LDO contained in fuel tanks of vessels brought for breaking, under Foreign Trade Policy (FTP); Surplus fuel classifiable under Heading ...View More

Allows credit on re-insurance services availed by Indian Insurance Co 

CESTAT allows credit of tax paid on re-insurance service availed from overseas companies by Indian insurance provider; Rejects Revenue contention that credit inadmissible since re-insurance takes plac...View More

Drilling well doesn't amount to prospecting for oil, no service tax payable 

Drilling of wells not an activity related to exploration of oil or prospecting for oil, not taxable as ‘Survey and exploration of minerals service’ pre-June 2007; Assessee not engaged in l...View More

Assessee not ‘output service provider’; Disallows GTA service credit against transportation charges 

CESTAT disallows utilisation of GTA service credit for discharge of service tax on transportation charges; Interprets Rule 2(p) of CENVAT Credit Rules (CCR), service received by assessee can neither b...View More

Sets aside penalty, tax paid after authorities noticed but before SCN issue 

CESTAT sets aside penalty u/s 78 of Finance Act 1994, issue of show cause notice (SCN) unsustainable when liability along with interest discharged; Demand raised by Revenue alleging non-payment of tax...View More

Bank loan promotion services not a service under brand name 

Marketing / promotion services (BAS) provided to ICICI Bank Ltd. (ICICI) for commission, not a service provided under ICICI brand name; Displaying banner on premises with words ‘Franchisee of IC...View More