CESTAT Rulings


Letting property to Café not taxable as BAS; Amounts to normal 'renting' 

Agreement to let out immovable property to run 'Cafe Coffee Day' (CCD), not taxable under "Business Auxiliary Service" (BAS), even though underlying agreement titled as 'Franchisee Agreement'; Providi...View More

Financial restructuring advisory services taxable as 'management consultancy services' pre-2001, BOFS thereafter 

Financial restructuring & divestment advisory services taxable as “Management Consultancy Services” (MCS) pre-July 2001; Rejects assessee’s contention that such services taxable ...View More

No duty on optional accessories not supplied with vehicles; Follows Bajaj ruling 

Value of optional accessories in 3- wheelers i.e. jack assembly, rear visual barrier and carpets, not supplied at the time of clearance of vehicles from factory, not includible in 'Assessable Value'; ...View More

Credit note subsequent to sale cannot overcome 'unjust enrichment'; Denies duty refund 

CESTAT rejects Videocon's excise duty refund claim on higher discounts offered by depot than those offered at factory; Subsequent issue of credit notes to customers to pass duty burden cannot help ove...View More

General MBA course not 'vocational training' by "any imagination", denies ST exemption 

CESTAT denies 'vocational training' service tax exemption to Post Graduate Diploma in Management (PDGM) course; 100% employment / self-employment not decisive to determine whether Course or Institute ...View More

Absent upgradation, software maintenance taxable as 'repair' service, Distinguishes SAP India ruling 

CESTAT upholds service tax on software maintenance services under category of "Maintenance or Repair Service" u/s 65(64) of Finance Act; Rejects assessee's contention that such service classifiable un...View More

Mandatory 'donation' on hall booking falls within service tax net, Upholds penalty

Donation received towards booking of hall for social functions includible in gross amount of "mandap keeper services"; Rejects assessee's contention that donation cannot be construed as 'consideration...View More

Sodexo vouchers not akin to debit cards, taxable as 'BAS' pre-2006 

CESTAT upholds service tax on charges collected towards Sodexo meal / gift vouchers from affiliate restaurants, other establishments under "Business Auxiliary Service" (BAS) w.e.f July 1, 2003 (as ame...View More

Follows HC ruling in Cadila, Allows CENVAT credit for courier services 

CESTAT allows CENVAT credit on courier services used for despatching business documents beyond place of removal of goods; Such services being in or in relation to manufacture, covered under inclusive ...View More

Utilising education cess to pay excise duty amounts to credit mis-utilisation 

Payment of basic excise duty (BED) by transfer of Education Cess and Secondary and Higher Education Cess credit, amounts to wrong utilisation of credit; Such irregular utilization of credit, though re...View More