CESTAT Rulings


Hydrochlorides of specified drugs procured by Pharma Co. eligible for exemption: Allows refund 

CESTAT Chandigarh allows appeal by Pharma Co. (manufacturing PP medicaments) against refund denial of duty paid on procurement of hydrochlorides of drugs specified in Notification No. 21/2002-Cus; Exe...View More

Upholds demand drop on Zirconium Washed Dried Frit clearance in extended period, cites no mens rea 

CESTAT Chandigarh dismisses Revenue’s appeal, upholds the Adjudicating Authority’s order that dropped the excise duty demand on assessee for short payment of duty on Zirconium Washed Dried...View More

All services linked to manufacturing ‘automotive components’ qualify for CENVAT-credit before April 2011 

CESTAT Chandigarh holds that all services used in relation to the manufacture of final products, such as Outdoor Catering/Canteen Services, Hospitality Charges & Commission Charges by Real Estate ...View More

Following Inter-Continental-Consultants verdict, drops demand on reimbursable expenditure incurred as pure-agent 

CESTAT Chennai drops service tax demand imposed on reimbursable expenditure incurred by the Assessee providing clearing and forwarding agency services; Following SC judgement in Intercontinental Consu...View More

Quashes service tax liability on remuneration of ‘whole time’ Director 

CESTAT Mumbai quashes service tax liability on the remuneration of ‘whole-time’ Director and rejects the application under Voluntary Compliance Encouragement Scheme (VCES) on finding that ...View More

Construction, insurance, air travel services linked to manufacturing under unamended ‘input services' definition 

CESTAT Chandigarh, in the context of un-amended definition of “input services” under rule 2(l) of CCR between April 1, 2008 to March 31, 2011, finds assessee eligible for CENVAT credit on ...View More

Quashes demand on reimbursable expenditure incurred whilst providing CHA services 

CESTAT Chennai drops demand of service tax imposed on reimbursable expenditure incurred towards EDI, IAAI, and DLO charges, and transport charges by the Assessee in furtherance of providing clearing a...View More

Refund denial to flat purchasers of service-tax charged by developers pre-2010 “not tenable” 

CESTAT Bangalore holds rejection of refund claims of service tax paid by the developer collected from the individual flat purchasers pre-2010 on the ground of limitation u/s 11B of Central Excise 1944...View More

Bajaj Auto entitled to CENVAT credit on banking guarantee commission paid w.r.t. VAT refund from State Authority 

CESTAT Mumbai allows CENVAT credit to Bajaj Auto on banking charges/commission paid for obtaining Bank Guarantee (BG) in respect of VAT refund from State VAT authority in respect of purchase of raw ma...View More

Builder liable to tax on residential complex construction sans completion certificate from MCGM 

CESTAT Mumbai confirms service tax liability on realtor on the premise of non-submission of Completion Certificate by competent authority Municipal Corporation of Greater Mumbai (MCGM) for constructio...View More