CESTAT Rulings


Limitation period also applies to interest demand, Hindustan Insecticides relied upon 

CESTAT rejects interest demand, as barred by law of limitation, where duty and penalty, already confirmed earlier; Limitation period applicable not only to principal amount but also to interest claim;...View More

Allows AED refund; Consolidated CENVAT credit account not mandatory 

Allows CENVAT credit refund where refund amount relating to Additional Excise Duty (AED) exceeded CENVAT credit balance of AED, where assessee maintained separate credit accounts in respect of BED and...View More

ISD credit denied to job-worker; Legislative language relevant, not FM speech 

Disallows CENVAT credit distributed by Principal to job-worker with separate legal entity, as office of Principal cannot be considered as office of Input Service Distributor (ISD); Rule 7 of Cenvat Cr...View More

No service tax on maintenance deposit collected by builder before society formation 

No service tax applicable on one-time maintenance deposit collected by builder before society's formation; Payment of various outgoings / services i.e. water / electricity charges by builder till form...View More

Upholds excise liability on JCB; Loaders, road roller qualify as 'automobiles' 

Loader, backhoe loader and road roller have characteristics of "motor vehicles" and parts thereof qualify as parts of ‘automobiles’; Holds assessee, JCB India Ltd, liable to excise duty on...View More

'Contract carriage' must meet 'tourist vehicle' specifications for tax levy 

MSRTC providing buses for marriages, educational purpose, election duty not necessarily amount to “tour operator services”; Rejects Revenue’s interpretation that all contract carriag...View More

'Bank building security' services different from 'safety locker' security; Denies exemption 

Denies benefit of exemption notification in respect of services relating to safeguarding of building along with fixtures, fittings, equipment, cash, other securities of bank; Benefit under Notificatio...View More

Export goods not 'exempt'; Allows capital goods credit 

Export goods not ‘exempt’ goods; Capital goods credit can be availed for manufacture of export goods; Credit not exclusively used for manufacture of ‘exempted goods’ where capi...View More

Services in Continental Shelf & Exclusive Economic Zone not taxable pre- 2012 

Pre-construction services i.e seismic survey, core analysis, well bore survey, exploration etc. provided & consumed in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), before Ju...View More

Refund allowed to manufacturer-exporter though exports made through merchant exporter 

Service tax refund claim allowed to manufacturer-exporter, on exports made through merchant exporter; Rejects Revenue's contention that refund not available when goods exported through merchant export...View More