CESTAT Rulings


‘Pantographs and Parts’ manufactured solely for railway locomotives, classifiable under CH 86 

CESTAT Chennai upholds assessee’s classification of ‘Pantographs and Parts’(used specifically for the collection of electric current, which is mounted on the roof of the car body) un...View More

Compensation received for equipments/tools 'Lost in Hole' while providing drilling service not taxable 

CESTAT Delhi drops demand of service tax on compensation received by the Assessee in respect of equipments/tools 'Lost In Hole' (LIH) (i.e. get stuck or lost and are not retrievable) while providing d...View More

Terms absolute confiscation of rough diamonds without offer of redemption ‘ inappropriate’ 

CESTAT Mumbai sets aside the absolute confiscation of rough diamonds, observing that the confiscation of goods without offer of redemption is inappropriate; Also finds that there was lack of a complet...View More

Refund claim cannot be entertained unless assessment is challenged; Upholds refund denial 

CESTAT Delhi rejects the refund claim filed by the assessee concerning 60% of the service tax paid as a service supplier for renting buses and motor vehicles to the Nuclear Power Corporation of India ...View More

Classifies Student Almanac & Teacher planner as ‘paper and paper products’; Upholds demand for normal period 

CESTAT Delhi partially allows Revenue’s appeal in respect of classification of Student Almanac and teacher planner under Chapter 48; Holds that Student Almanac and teacher planner manufactured s...View More

Failure to file return does not demonstrate tax-evasion intent; Demand against jewellery manufacturer unsustainable 

CESTAT Delhi sets aside extended period demand against jewellery manufacturer, observes “Although on merits, we have held that the appellant is liable to pay central excise duty on manufacture o...View More

Quashes demand raised merely based on Form 26AS statement without analyzing Assessee's activities/documents 

CESTAT Allahabad quashes demand raised under ‘Real Estate Agent’ service merely basis figures shown in Form 26AS statement; Finds that, SCN mentions service rendered by Assessee as ‘...View More

Quashes levy under BAS on GDS commission, incentives, cancellation charges received by Air-travel agent 

CESTAT Mumbai drops service tax demand against ‘Air Travel Agent’on commission/incentive received from Global Distribution System (GDS) companies for visa and passport processing along wit...View More

General observation with cogent material on deliberate suppression etc, necessary to sustain penalty 

CESTAT Hyderabad holds that in order to levy penalty u/s 73(3) of the Finance Act, the Department must bring out anything substantive or positive on record about deliberate and intentional suppression...View More

Quashes Duty on Aromatic Compounds captively consumed for Agarbatti manufacturing, Citing Lack of Marketability 

CESTAT Mumbai quashes excise duty demand on aromatic compounds used captively within the factory to manufacture ‘Agarbatties’ by the assessee; States that since the aromatic compound used ...View More