CESTAT Rulings


Grants Project Import benefit to JNPT; Sponsoring Authority letter inapplicable pre-March 1992 

CESTAT grants Project Import benefit to JNPT (formerly known as Nhava Sheva Port Trust / NSPT) for “NSPT Port Project” in 1988-90; Demand of differential customs duty, redemption fine &...View More

Follows jurisdictional HC ruling to deny credit of services in residential colony 

CESTAT denies input credit of services utilised / received in residential colony of employees located outside factory; Follows jurisdictional Bombay HC's decision in Manikgarh Cement to hold that serv...View More

Interprets Rule 7; Only assessee, not Revenue can seek provisional assessment 

CESTAT dismisses Revenue appeal, upholds Commissioner (Appeals) order quashing suo moto direction of Revenue for provisional assessment; Interprets Rule 7 of Central Excise Rules, only assessee can se...View More

Banquet hall renting taxable as 'convention service' though charged only for food 

Renting of banquet halls for conferences, get-togethers and parties taxable as ‘convention service’ u/s 65(32) r/w 65(105)(zc) of Finance Act, despite no separate charge for use of hall; R...View More

Prior knowledge of Department totally irrelevant for duty computation; Extended period justified 

CESTAT upholds invocation of extended limitation period, prior knowledge of Department totally irrelevant for duty demand purposes; Knowledge of Department does not mean that suppression which stands ...View More

Vessel repair services prima facie not 'input services' post March 2011; Directs pre-deposit 

CENVAT Credit prima facie not available against services used for repair of vessels operated for bringing in / removal of raw materials / finished goods from factory, post March 2011; Amended definiti...View More

Subsequent duty discharge through lapsed credit prohibited, though goods cleared earlier 

CENVAT Credit once lapsed, cannot be utilized for subsequent duty payments even if goods cleared before such lapsing; Rejects assessee’s contention that mere non-payment of duty in month of clea...View More

Vessel charter 'supply of tangible goods service', not 'port service'; Waives pre-deposit

Charter hire of vessels for undertaking various operations in Port prima facie taxable as “supply of tangible goods for use” service only w.e.f. May 16, 2008; Rejects Revenue contention th...View More

Refers issue of simultaneous penalty imposition before May 2008 to Larger Bench

CESTAT refers question of simultaneous penalties u/s 76 & 78 of Finance Act prior to May 10, 2008 to Larger Bench; Takes note of conflicting HC decisions in United Communication Udupi, Krishna Pod...View More

Railways/Defense not 'Public Distribution System'; Denies exemption on kerosene supply beyond quota 

CESTAT denies customs duty exemption on import and supply of Superior Kerosene Oil (SKO) to Railways, Air Force / Defense and Public Distribution System (PDS) dealers; Harmoniously interprets ‘P...View More