CESTAT Rulings


Sales Office not merely for 'sales', Allows credit on renting services 

Allows input service credit of "renting of immovable property service" in respect of assessee's sales office; Rejects Revenue's contention that sales office has no nexus with assessee's manufacturing ...View More

Grants partial respite to HSBC on Rs. 110 Cr refund matter 

Grants partial respite to HSBC against CENVAT Credit refund claim of Rs 110 Cr, for the period Dec 2005 to Sep 2011; Remand of assessee’s appeals by Appellate Commissioner beyond its powers and ...View More

Exempted waste clearance not 'conscious' manufacture, Allows credit on common input/input services

Allows credit of GTA services and lubricants used in manufacture of final product, viz. sponge iron though waste from inputs cleared absent duty; Rejects Revenue's contention that iron ore and coal fi...View More

Duty payment on intermediate goods equals credit non-availment, Allows concessional duty benefit 

Grants benefit of concessional 1% duty on final products, where excise duty on intermediate product paid; Discharge of duty on intermediate goods as good as non availment of CENVAT credit on inputs; R...View More

Allows credit to job-worker on input services, Follows LB's Sterlite Industries ruling 

Allows input service credit of Manpower Recruitment / Supply Agency services to job-worker, despite removal of goods absent excise duty; Rejects Revenue's contention that job-worked goods being exempt...View More

Order date relevant, not communication for refund, Distinguishes SC's Mafatlal ratio 

Rejects excise duty refund claim filed pursuant to Tribunal’s order, as being time barred; Period of limitation must be counted from “relevant date” i.e. date of Tribunal’s ord...View More

Final manufacturer supplying for Defence eligible for exemption, not supplier/job-worker 

Rejects exemption (under Notification No 63/95 dated March 16, 1995) on goods supplied by assessee to HAL, which in turn supplied goods to Defence; Rejects assessee's plea that supplies were ultimatel...View More

Holds operating & maintaining stockyard as C&F agent's service 

Activity of operating and maintaining stockyard taxable under "Clearing & Forwarding Agent" service, in terms of erstwhile Sec 65 (72) of Finance Act; Rejects assessee's contention that it merely ...View More

Allows credit of SAD paid through DEPB debit, Follows RCC Sales ruling 

Allows credit of Special Additional Duty (SAD) paid on imports through utilization of Duty Entitlement Pass Book (DEPB) credit; Rejects Revenue's contention that assessee entitled to claim only drawba...View More

Candidates salary reimbursement taxable as 'Manpower Supply' Service; Distinguishes Intercontinental ruling 

Service tax leviable on payment of salaries of recruited candidates plus commission; Service tax payable under Manpower Supply Service (MSS); Rejects assessee's contention that activities amount to Ma...View More