CESTAT Rulings


Dismisses appeal, Customs Brokers cannot appeal against Prohibition orders under Regulation 23 

Appeal against Commissioner of Customs ' prohibition order under Regulation 23 of Customs Brokers Licensing Regulations 2013 (CBLR) not maintainable before Tribunal; Rejects assessee's contention that...View More

Activities incidental to mining not Cargo Handling or Site Formation service, pre-June 2007 

Activity in relation to mining of lignite i.e. removal of top soil from mining area, removal of over burden soil, kankar, sandstone, loading of lignite into trucks, classifiable as “Mining Servi...View More

CVD paid on damaged inputs cenvattable against duty payable on repaired goods 

CESTAT allows credit of countervailing duty (CVD) paid on damaged transformers re-imported into India, against payment of duty on repaired transformers, cleared from factory post undertaking repairs; ...View More

Rule 8(3A) duty discharge must in cash, though contravention construable as 'revenue arrears' 

Excise duty payment beyond statutory due date and 30 days’ grace period must be paid in cash, utilisation of CENVAT credit not allowed, as per Rule 8(3A) of Central Excise Rules; Though finding ...View More

Salary reimbursement liable under 'MSS'; Service rendition at loss irrelevant 

Salary reimbursement of employees engaged with client (pursuant to lease of machines) taxable under ‘Manpower Supply Service’ (MSS) i.e. Sec 65(105)(k) post June 16, 2005; Prior to said da...View More

Goods & services value split under VAT irrelevant for service tax levy 

Service tax discharge based on split between goods and services provided under Maharashtra VAT Act (MVAT) / Rules not acceptable, CESTAT terms it as arbitrary determination of cost of goods supplied; ...View More

Retail Sale Price Determination Rules 'retrospective'; Switchgear products assessable u/s 4A pre-March 2008 

CESTAT Third Member confirms excise duty assessment of switchgear products (Heading 85.36) u/s 4A of Central Excise Act, i.e. as per ‘retail price’ instead of Sec 4 (transaction value), pr...View More

Banner advertising on website not 'BAS' pre-May 2006; Revenue's appeal meritless 

Banner advertising on e-Bay website taxable only under “Sale of advertising space and time service” w.e.f May 1, 2006, not “Business Auxiliary Services” (BAS); Since advertisin...View More

Funskool board games classifiable as 'toys/puzzles' or 'games'?, Bench refers to President 

2 Member CESTAT Bench refers classification dispute of Funskool board games viz. Chip N Dale, Duck Tale Disney, Fox & Geese and Rally to CESTAT President for determination; Issue pertained to clas...View More

Allows input service credit on storage shed construction within factory premises

CESTAT allows input service credit on construction / erection / fabrication of temporary shed for storage of cement and steel inside factory premises; Services in relation to setting up, modernis...View More