CESTAT Rulings


CESTAT lays down law on 'place of removal' for CENVAT & GTA credit 

CESTAT lays down law on CENVAT credit availability of input service tax paid on Goods Transport Agency (GTA) services post April 1, 2008; Only where ad-valorem duty chargeable on value determined u/s ...View More

Waives pre-deposit; Laying paver blocks at port non-taxable 'commercial construction' service 

Laying of paver blocks at port area, a 'commercial construction service', not liable to service tax; Rejects Revenue's contention that since activity sub-contracted to assessee, tax payable under 'Bus...View More

Sufficient, proximate nexus enough for input service credit; Mathematical correlation not required 

CESTAT rules in favour of Hero Honda's 2 wheeler dealer; Allows input-service credit on Goods Transport Agency (GTA) against output service of 'Authorized Service Station'/'Business Auxiliar...View More

Free movie tickets from bank to customers ineligible to input service credit 

Activity of buying and supplying free movie tickets to customers, classifiable as 'Event Management' service, ineligible to input service credit; Such activity by no stretch of imagination, can be con...View More

Denies abatement benefit where services included completion/finishing of building 

Benefit of abatement notification No. 1/2006-ST denied where assessee undertaking completion/finishing/renovation/restoration of building/civil structure; Segregation of contracts into renovation and ...View More

Long term land lease liable to ST; Grants relief pre-July 2010 

Renting of vacant land before July 1, 2010 not liable to service tax; CESTAT interprets Sec 65(105)(zzzz), rejects Revenue’s stand that amendment introducing tax on vacant land was clarificatory...View More

Reimbursement towards advertisements/roadshows organised by authorised service station taxable under BAS 

Reimbursement received by authorised service station, in respect of advertisements and organizing road shows, liable to service tax, as Business Auxiliary Service (BAS); Such activity amounts to promo...View More

Primary dealer earning brokerage on RBI bonds not liable to service tax 

No service tax under "Banking and other Financial Services" category, on brokerage received against sale of RBI tax saving bonds; Relies on CBEC Circular dated August 10, 2010 which clarifies that no ...View More

Tax levy on 'immovable property renting' no longer contentious; Directs pre-deposit 

CESTAT rejects stay application against service tax demand under ‘renting of immovable service’; Since vires of levy on renting services upheld by Delhi HC’s full bench in Home Solut...View More

Refund of services received before registration unavailable; Karnataka HC's mPortal ruling inapplicable 

CESTAT rejects refund of input services received by branch office before date of centralised registration, against export of service; Facility of centralised registration being a special facility unde...View More