CESTAT Rulings


EMI interest not liable to service tax, Relies on Art Leasing ruling 

No service tax on interest charges on EMIs under Banking and Financial Services; Sec 67 of Finance Act r/w Rule 6 of Valuation Rules as well as Circular dated September 17, 2004 does not contemplate i...View More

Sale price at ultimate depot, not all depots relevant for value computation 

Where goods sold from various depots, assessable value to be sale price prevalent at depot of ultimate sale, nearest to time of removal of identical goods from factory / refinery; Rejects Revenue...View More

Helicopter charter 'supply of tangible goods service', not 'air transport of passengers' 

Charter hire of helicopters to corporates for off-shore operations taxable as "supply of tangible goods service" u/s 65(105)(zzzj) of Finance Act; Rejects assessee's contention that services liable to...View More

Allows duty payment in subsequent month of inputs clearance, No interest leviable 

No interest on clearance of inputs as such, where CENVAT credit reversed / duty paid in subsequent month as per Rule 8 of Central Excise Rules; Rejects Revenue's contention that interest u/s 11AB of C...View More

Allows input service credit refund against supplementary invoices prior to April 2011 

CESTAT allows input service credit refund of additional tax against supplementary invoices of service provider, prior to April, 2011; Rejects Revenue's contention that during such period, 'supplementa...View More

Supply of ‘Fly ash’ generated as by-product, not 'Business Support Service' 

Activity of collection / transportation / supply of by-product ‘Fly ash’ to cement / asbestos companies at Govt specified rates, not “Business Support Service” (BSS); Fly ash d...View More

Allows capital goods credit used in plant assembly; Distinguishes Vandana Global ruling

Capital goods credit available on machinery, equipment, parts used in setting up of Oxygen Plant within factory premises; Accepts assessee’s contention that credit available on capital goods ass...View More

Allows cross utilisation of CENVAT credit, Relies on Lakshmi Technology ruling 

CESTAT allows credit utilisation of input services required for output services, against excise duty on manufactured goods; Rejects Revenue's contention that credit deniable as assessee failed to main...View More

Services for prototype development held 'in relation to' vehicle manufacture, Credit allowed 

CESTAT allows Consulting Engineers service credit for prototype development in Engineering Research Centre situated within factory; Services received 'in relation to' manufacture of commercial vehicle...View More

Recipient, not Indian agent, liable to tax on IPR service from abroad

CESTAT upholds service tax liability u/s 66A, i.e reverse charge mechanism ('RCM'), on intellectual property services received from abroad; Rejects assessee's contention that since foreign service pro...View More