CESTAT Rulings


Foster's bottling agreement with contract manufacturers not franchise or IPR service 

CESTAT grants service tax relief to SKOL Breweries Ltd (assessee), owner of "Foster" brand, for contract manufacturing; Manufacturing by Contract Bottling Unit (CBU) under assessee’s brand name ...View More

SKD imports liable to Anti-Dumping Duty; Applies Customs Tariff Interpretation Rules 

CESTAT Third Member dismisses assessee’s appeal, Anti-Dumping Duty (ADD) leviable on goods imported in semi knocked down (SKD) condition; Rule 2(a) of General Rules of Interpretation of First Sc...View More

Computer training institute not issuing training certification, taxable; Distinguishes Delhi HC ruling 

CESTAT upholds Adjudicating Authority’s order, imparting of computer training taxable as ‘commercial training or coaching service’ u/s 65(105)(zzc) of Finance Act; Rejects assessee&r...View More

Third Member confirms liability; Sub-contractor's obligation not absolved by main-contractor's tax discharge 

CESTAT Third Member concurs with division bench, sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently; CBEC Circul...View More

Rebate appeal not maintainable before Tribunal; Excise restrictions applicable to Finance Act 

Service tax rebate appeals not maintainable before Tribunal, in terms of Sec 86 of Finance Act; Sec 86 mandates Tribunal to exercise same powers and follow same procedure as in case of Central Excise ...View More

Rejects sale price abatement on 'special' dealer discount, Denies cross-model discount utilization 

CESTAT upholds Rs 59 Cr duty demand with Rs 45 Cr penalty on Tata Motors Ltd, denies cross-model utilization of “special discounts” to dealers as reduction in transaction value of cars u/s...View More

Royalty on imports liable to customs, but quashes demand on limitation 

CESTAT Third Member concurs with Member (Technical), upholds inclusion of royalty / license fee paid for import of beta / digi-beta tapes containing films, in assessable value of said tapes; Relies on...View More

Port Acts & Finance Act 'pari materia'; Stevedoring not "port service" pre July 2010

Stevedoring and lighterage services rendered at minor ports in Gujarat not taxable as “port services” u/s 65(105)(zzl) of Finance Act, absent authorization from Port Authority under State ...View More

Depositor immaterial once tax collected against construction service paid to Revenue's credit 

CESTAT sets aside demand against real-estate developer, so long service tax collected from customers on construction services deposited with Revenue, it is immaterial who deposits the same; Assessee...View More

Sets aside ST demand; Pre-owned car exchange a 'sale' transaction, not 'BAS' 

Exchange of pre-owned / used cars for new ones by Maruti Suzuki dealer a pure transaction of purchase and sale, not construable as ‘business auxiliary service’ (BAS); Rejects Revenue conte...View More