CESTAT Rulings


'Transaction value' below production cost between interconnected undertakings hit by Fiat ratio 

CESTAT rejects transaction value less than production cost on sale of electrical distribution boards to related person; Determination of quantum of production and sale price of manufactured goods, pro...View More

Cricket promotion not a charity, Vidarbha Cricket Association liable under 'Club' service 

CESTAT Third Member upholds service tax demand on Vidarbha Cricket Association under 'club or association service' u/s 65(105)(zzze) r/w Sec 65(25a) of Finance Act, 1994; Rejects assessee's contention...View More

Raw material processing on job-work amounts to 'manufacture', not 'BSS' 

Processing of raw material supplied by principal being 'manufacture', cannot be subjected to service tax under 'Business Support Service' (BSS); Accepts assessee’s contention that processing act...View More

Upholds tax on tour organising through hired vehicles under 'tour operator services' 

CESTAT upholds service tax on tours organised by hiring tourist vehicles, u/s 65(105)(n) r/w Sec 65(52) of Finance Act during the period 2000-02; Rejects assessee's contention that only persons having...View More

Rejects 'captive value' for excise duty on promotional packs, 'Transaction value' appropriate 

Products supplied as free promotional samples must be valued based on 'transaction value' for excise duty payment; Method specified under Rule 4 based on value of identical/similar goods cleared for s...View More

Subsequent excise duty exemption no bar to balance capital goods credit entitlement 

CESTAT allows balance capital goods credit in subsequent financial year as per Rule 4(2) of CENVAT Credit Rules (CCR), despite final product being exempt during said period; No condition in Rule 4(2)(...View More

No service tax on outbound tours, deems it "extra-territorial" operation 

Consideration received for operating & arranging outbound tours, even if falling within scope of amended definition of tour operator, not liable to levy and collection of service tax; Provisions o...View More

Allows refund on services received before registration absent time-limit under CENVAT rules 

Refund allowed in respect of CENVAT credit on services received before date of registration, where services are exported; Accepts assessee’s contention that no time limit prescribed under CENVAT...View More

Rules reversal of capital goods credit pre-2007, subject to quarterly reduction @ 2.5% 

CENVAT credit availed on Capital goods removed pre-2007, to be reversed, subject to reduction @ 2.5% for each quarter; CESTAT Larger Bench relies upon CBEC Circular dated July 1, 2002 and proviso to a...View More

Loading cargo into wagons, taxable as Cargo Handling Service; Extended period invokable 

Service of loading of cargo into rail wagons and trucks, taxable under Cargo Handling Service (CHS); Rejects assessee’s contention that service not classifiable under CHS as they are only supply...View More