CESTAT Rulings


Absent depot as 'place of removal', transaction value at factory relevant pre-2003 

Transportation charges incurred on stock transfer from factory to depot not includible in assessable value (AV), where goods sold from depot, pre-2003; During period of dispute, definition of “p...View More

Builder contracts with prospective buyers for residential complex construction not taxable pre-July 2010 

Builder / promoter / developer not liable to service tax as provider of residential complex construction service u/s 65(105)(zzzh) of Finance Act, 1994 pre - July 2010, w.r.t. amount received from pro...View More

Service tax on entire works contract value permissible; Reduced rate not mandatory 

CESTAT allows full service tax discharge alongwith inputs tax credit for works contract services; Rejects Revenue's stand that assessee does not have option to pay tax at regular rate but had to pay a...View More

Services received by Infosys' branches from overseas service providers not taxable 

Service tax demand not sustainable under reverse charge mechanism under Information Technology Software Service (ITSS) for services received by overseas branch of assessee (Infosys) from overseas sub-...View More

Escrow money towards construction services not payable to Govt u/s 73A absent liability 

Amount collected from customers and kept in escrow account towards contingent service tax liability not liable to be deposited with Govt u/s 73A of Finance Act; Such collection only cautionary deposit...View More

Recipient / Beneficiary's location important to qualify as "export" of BAS, not performance 

Business Auxiliary Services (BAS) rendered to offshore parent entity in relation to merchandising, product integrity, vendor compliance, quality assurance, fabric sourcing and logistic support in Indi...View More

Limitation period not applicable to refund claim of service tax paid erroneously 

Limitation period of one year as prescribed u/s 11B of Central Excise Act, 1944 (Act), not applicable for claiming refund of service tax erroneously paid on residential flats; Accepts assessee&rs...View More

Invokes extended period; Renovation of building unit, floor "commercial / industrial construction service" 

CESTAT Third Member upholds extended limitation period invocation & penalties u/s 77 & 78 of Finance Act, confirming demand on renovation / restoration activities u/s 65(25b) r/w 65(105)(...View More

Miscellaneous Application before Tribunal cannot be construed as appeal; Rejects assessee's application 

CESTAT Third member upholds non-maintainability of assessee’s miscellaneous application (MA), says it cannot be considered as 'appeal'; Relies on SC decision in Gurdev Singh, Ashok Kumar to hold...View More

Royalty not includible in imported goods valuation absent 'condition of sale' 

Royalty not includible in assessable value of imported goods in terms of Explanation to Rule 10(1)(e) of Customs Valuation Rules, absent condition of sale; As per agreement with foreign collabora...View More