CESTAT Rulings


Allows credit refund; Investment advisory services to foreign company qualify as 'export' 

CESTAT dismisses Revenue appeal, allows input service credit refund against investment advisory services provided to foreign entity; Rejects Revenue contention that refund unavailable as such ser...View More

'Consideration receipt date' relevant for export refund; Remands matter for limitation applicability 

CESTAT allows credit of housekeeping, domestic ticketing, food & catering, employee transport for purposes of service tax refund under Notification No. 5/2006-CE (N.T); Relying on Bombay HC ruling...View More

Denies group insurance credit attributable to employees' family members; ESI Act irrelevant 

CESTAT allows input service credit of Group Health Insurance attributable only to employees, not their family members; Service tax paid on insurance of employee’s families no way relatable to as...View More

Allows credit; Commission agent not merely selling goods, but undertaking 'sales promotion' 

CESTAT allows input credit of commission agent services received for sale of liquid gas; Rejects Revenue’s contention that no sales promotion activities rendered by commission agent, hence credi...View More

Capital goods use in manufacturing must, not installation within factory; Allows credit 

Tribunal rejects Revenue appeal, allows capital goods credit on cylinders used for storing hydrogen gas on hired vehicles; Rejects Revenue’s attempt to disallow credit on the ground that goods n...View More

Denies input credit; Premises rented for job worker not "relating to business” 

Service tax paid on rented premises hired & given out to job worker not eligible for credit; Job-worker an independent entity working on principle to principle basis with manufacturer, cannot be t...View More

Allows import of branded mobiles; Revenue cannot question ownership of IMEI numbers 

CESTAT allows import of branded mobile handsets (Mobiado) carrying IMEI numbers of original manufacturers like Nokia and Samsung; Confiscation and direction of re-export in terms of Commerce Ministry ...View More

FICCI & ECSEPC not 'club / association'; Service tax demand unsustainable 

Services provided by FICCI and ECSEPC to its members / non-members not taxable as “Club or Association” services u/s 65(25a) r/w 65(105)(zzze) of Finance Act; FICCI a charitable institutio...View More

Air ticket cancellation charges not taxable under 'air travel agent service' category 

No service tax applicable on flight cancellation charges collected by air travel agents from their clients u/s 65(105)(l) of Finance Act; Cancellation charges part of airfare received from persons boo...View More

Sales promotion, after-sale services in India for foreign clients qualify as "exports" 

Sales promotion of clients’ products in India and conducting market survey, after sale warranty services, constitute 'Business Auxiliary Service' (BAS); Such services provided on behalf of forei...View More