CESTAT Rulings


Finance Act doesn't allow retro rules; Trading not 'exempted service' before 2011

Trading activity neither ‘service’ nor ‘exempted service’ prior to April 1, 2011, input credit not available against services utilised therein; Explanation to Rule 2 of CENVAT ...View More

Manufacturer's customer assistance in export execution not 'Management Consultancy' 

Manufacturer's services of merely assisting customers in executing export orders not taxable as 'Management Consultancy Service' (MCS); MCS services imply services in relation to management of an orga...View More

Amendment to accrual basis taxation rule not 'clarificatory'; Retro application argument 'unsustainable' 

Pre-May 2008, Service tax on receipt of ‘manpower recruitment or supply agency service’ from associated enterprises payable on actual payment of gross amount, not against book adjustments;...View More

Labeling/re-labeling of equipment parts improves marketability, prima-facie manufacture 

Labeling / re-labeling of material handling equipment parts improves marketability, prima-facie amounts to manufacture u/s 2(f)(ii) of Central Excise Act, 1944; Directs 25% pre-deposit of tax demand; ...View More

Rejects total demand stay on services to SEZ absent authority from Developer 

Service tax exemption against “Business Auxiliary Services” provided to SEZ developer or Unit under Notification No. 4/2004-ST , prima facie unavailable, absent authorisation from SEZ Deve...View More

Free electricity not "additional consideration" for plant's operation & maintenance services

Electricity supplied free of cost by customer not includible in value of operation and maintenance (O&M) service of air separation plant provided by assessee; Air separation plant owned by assesse...View More

Invokes unjust enrichment principle, denies excess tax refund against GTA services

CESTAT denies service tax refund paid at higher rate under reverse charge on GTA services, invoking unjust enrichment principle; Tax burden passed onto customers since goods sold on 'FOR' basis and fr...View More

Shipping Agency’s goods procurement services construe ‘BAS’; “On clients behalf” condition irrelevant 

Service of amending ‘Bill of lading’, correcting import / export manifest, refund processing by Shipping Agency taxable as “Business Auxiliary Services” (BAS) u/s 65(19) of Fin...View More

Allows exemption on hospital equipment though imported by non-specified entity

CESTAT allows exemption benefit under Notification No. 21/2002-Cus in respect of hospital equipment imported by assessee and not directly by hospital; Rejects Revenue’s contention that had inten...View More

'Liasoning and representation' activities for group company taxable as 'Management Consultancy Services' 

CESTAT allows Revenue appeal, holds advisory/coordinating/assisting/liaisoning services rendered by assessee to group companies, taxable under Management or Business Consultancy Services (MBCS); Servi...View More