CESTAT Rulings


Remote, smart card supplied free-of-cost by customer includible in set-top-box valuation

CESTAT rules in favour of Revenue, upholds excise duty demand on valuation of Set Top Box (STB) manufactured and supplied by assessee (Jabil Circuit); Cost of remote control, smart card and software, ...View More

'Noscitur A Socis' principle rescues Reliance, no ST on offshore vessels acquired pre-2010 

Service tax under reverse charge mechanism not applicable in respect of offshore supply of vessels used for exploration in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), pre - Feb...View More

Pre-2006, fabrication / installation of steel structures for clients neither 'manufacture' nor 'BAS'

CESTAT rejects Revenue appeal, holds absent contract / agreement, 'repair and maintenance' activity not liable to service tax during period - June 2005 to March 2006; Further, sets aside service tax d...View More

Credit prima facie available against steel used in capital goods

CENVAT credit prima facie available on steel items used in capital goods (CG) post April 2011 in terms of amended Rule 2(k) of CENVAT Credit Rules, 2004; Rejects Revenue’s contention that credit...View More

CENVAT credit prima-facie available when separate contracts entered for supply & erection

CENVAT credit on goods used in respect of transformers manufactured, erected and commissioned prima-facie available where separate contract executed for supply, erection and commissioning thereof; CEN...View More

Web Hosting prima facie classifiable as 'BSS', not 'ITSS'; Directs partial pre-deposit

Web Hosting Services used for marketing of products prima facie classifiable as ‘Business Support Service’ (BSS), not ‘Information Technology Software Services’ (ITSS)​ ...View More

Refers Rule 9 proviso applicability towards pan-masala duty determination to Third Member

CESTAT refers to Third Member issue of sustainability of duty demand under 7th proviso to Rule 9 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008; Member (Tech...View More

Allows capital goods credit for construction of power plant on 'leased land' 

CESTAT Third Member allows CENVAT credit w.r.t. capital goods used for construction of captive power plant (CPP); CPP installed on land leased out for electricity generation for use in assessee’...View More

Upholds penalty on irregular CENVAT credit but 25% payment option to taxpayer mandatory

CESTAT upholds penalty against CENVAT credit irregularly availed on imported inputs short received in respect of which assessee claimed insurance; Assessee availed CENVAT credit (including CVD) initia...View More

Tax evasion intention non-essential for invoking extended limitation prior to Sept 2004

CESTAT upholds invocation of extended limitation period u/s 73 for service tax demand on car loan marketing u/s 65(105)(zzb) r/w Sec 65(19) as “business auxiliary service”; Rejects assesse...View More