CESTAT Rulings


Denies input credit; Premises rented for job worker not "relating to business” 

Service tax paid on rented premises hired & given out to job worker not eligible for credit; Job-worker an independent entity working on principle to principle basis with manufacturer, cannot be t...View More

Allows import of branded mobiles; Revenue cannot question ownership of IMEI numbers 

CESTAT allows import of branded mobile handsets (Mobiado) carrying IMEI numbers of original manufacturers like Nokia and Samsung; Confiscation and direction of re-export in terms of Commerce Ministry ...View More

FICCI & ECSEPC not 'club / association'; Service tax demand unsustainable 

Services provided by FICCI and ECSEPC to its members / non-members not taxable as “Club or Association” services u/s 65(25a) r/w 65(105)(zzze) of Finance Act; FICCI a charitable institutio...View More

Air ticket cancellation charges not taxable under 'air travel agent service' category 

No service tax applicable on flight cancellation charges collected by air travel agents from their clients u/s 65(105)(l) of Finance Act; Cancellation charges part of airfare received from persons boo...View More

Sales promotion, after-sale services in India for foreign clients qualify as "exports" 

Sales promotion of clients’ products in India and conducting market survey, after sale warranty services, constitute 'Business Auxiliary Service' (BAS); Such services provided on behalf of forei...View More

Foster's bottling agreement with contract manufacturers not franchise or IPR service 

CESTAT grants service tax relief to SKOL Breweries Ltd (assessee), owner of "Foster" brand, for contract manufacturing; Manufacturing by Contract Bottling Unit (CBU) under assessee’s brand name ...View More

SKD imports liable to Anti-Dumping Duty; Applies Customs Tariff Interpretation Rules 

CESTAT Third Member dismisses assessee’s appeal, Anti-Dumping Duty (ADD) leviable on goods imported in semi knocked down (SKD) condition; Rule 2(a) of General Rules of Interpretation of First Sc...View More

Computer training institute not issuing training certification, taxable; Distinguishes Delhi HC ruling 

CESTAT upholds Adjudicating Authority’s order, imparting of computer training taxable as ‘commercial training or coaching service’ u/s 65(105)(zzc) of Finance Act; Rejects assessee&r...View More

Third Member confirms liability; Sub-contractor's obligation not absolved by main-contractor's tax discharge 

CESTAT Third Member concurs with division bench, sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently; CBEC Circul...View More

Rebate appeal not maintainable before Tribunal; Excise restrictions applicable to Finance Act 

Service tax rebate appeals not maintainable before Tribunal, in terms of Sec 86 of Finance Act; Sec 86 mandates Tribunal to exercise same powers and follow same procedure as in case of Central Excise ...View More