CESTAT Rulings


Sports flooring material 'sports requisite' not 'sports goods', CVD exemption not available 

Sports flooring material being a 'sports requisite', and not 'sports goods'; Countervailing duty (CVD) exemption under Notification No. 6/2006-CE not available; Notification No. 146/94-Cus exempts spo...View More

Remits duty on pre-clearance transit loss, Follows Indian Oil ruling 

Allows customs duty remission on genuine loss caused naturally while warehousing/re-warehousing goods pre-clearance; Rejects Revenue's contention that Sec 23 of Customs Act not applicable absent clear...View More

Testing charges reimbursement 'additional consideration', liable to excise duty 

Reimbursement of testing charges an 'additional consideration' from buyer for sale of finished goods; Testing being a condition of sale, expenses incurred either directly or by third party, includible...View More

Publicity and advertisement expense reimbursement to dealers 'non-routine' , excise not applicable 

Reimbursement of publicity and advertisement expenses to dealers 'non-routine', cannot be included in assessable value to levy excise duty; Such expenses incurred by dealer at own accord post sale, no...View More

'Transactional valuation' applies on related & unrelated party sales, not Rule 8 or 9 

Rule 4 of Central Excise Valuation Rules, 2000 (transactional value based rule) applicable where goods sold partly to independent buyers and partly to related persons; Rejects Revenue's contention tha...View More

Free diesel not additional consideration for service; Follows Intercontinental ruling 

Free diesel supplied by service recipient, cannot be included in gross amount charged for services rendered; Rejects Revenue's contention that total value of diesel to be treated as 'additional consid...View More

Denies duty credit on clandestinely removed capital goods purchased from dealer 

Denies duty credit to assessee on capital goods purchased from registered dealer (a third party), but were clandestinely removed by original manufacturer without duty payment; Though authenticity of d...View More

Spares used in repairs subject to VAT, no service tax attracted 

No service tax payable on spare parts used for repair of old/damaged transformers under composite contracts; Assessees rightly discharged VAT on value of spare parts shown separately in contract; Reli...View More

Larger bench upholds interest liability u/s 11AB for period before 2001 amendment 

Interest under provisions of un-amended Sec. 11AB of the Central Excise Act, 1944, applicable even prior to date of amendment (i.e. May 11, 2001); Amendment by Finance Act, 2001, effective from May 11...View More

Revenue can't combine supply & construction contracts, Relies on Mahindra ruling 

Absent evidence, two separate contracts for supply and construction cannot be held as artificially bifurcated to escape service tax liability under Works Contract Composition Scheme; Sets aside Adjudi...View More