CESTAT Rulings


Supplying equipment on lease/hire with transfer of right to use, a 'deemed sale', not STGU 

CESTAT Mumbai quashes order of Commissioner, Service Tax raising demand of service tax on supply of certain equipment (D.G. Sets, temperature control, and allied equipment) on lease/hire basis to cust...View More

Remands matter to verify exemption on supply of electrical power cables to Mega power projects 

CESTAT Ahmedabad holds that reversal of 6% amount under Rule 6(3) of the CENVAT Credit Rules, 2004 is not warranted on electrical power cables supplied at Nil rate of duty to Mega Power Projects under...View More

Composite Works Contracts Not Taxable as 'Interior Decorator' or 'Completion Services' Pre-2007 

CESTAT Chennai sets aside service tax demand raised under ‘Interior Decorator’ service and ‘Completion and Finishing’ services, holding that composite works contract cannot be ...View More

Exporting Pan Masala/Gutkha, without export restrictions, cannot be called as prohibited 

CESTAT Delhi rules in favour of Pan Parag India and exporters exporting ‘pan masala and gutkha’ against whom allegation was levelled that they were defrauding Government by misusing the Ex...View More

Test report of BoE inapplicable to previous imports for which samples not drawn: Quashes demand 

CESTAT Kolkata holds that the test report received in respect of the goods imported vide a particular Bill of Entry (BoE) “cannot be applied to all previous imports” as no samples have bee...View More

Drops demand confirmed against SSI unit by including value of exports made to Nepal 

CESTAT Kolkata holds that value of clearances to Nepal are to be considered at par with exports made to other countries and hence, such values are not includable for purpose of computation of value of...View More

Quashes Revenue's SCN issued u/s 73 without reviewing lower authority's order sanctioning refund 

CESTAT Chandigarh dismisses Revenue’s appeal, holds that, Revenue has clearly erred in issuing show cause notices (SCNs) u/s 73 of Finance Act to recover the refunds sanctioned to Assessee a 100...View More

Quashes liability on Clearing & Forwarding Agency service-provider for receipt of early-payment incentive 

CESTAT Chennai quashes service tax demand on amounts earned under the heads ‘Early Payment Incentive’ and ‘Prompt payment Discount’; Assessee, a Clearing and Forwarding Agency ...View More

Disallowing Cenvat-credit on rent-a-cab service in the garb of capital-goods, directs re-consideration on SEZ-Services 

CESTAT Chandigarh confirms substantial demand against the Assessee for the period starting from 2010-2011 to 2017-2018 on rent-a-cab services received and further rented out to its customers; Prohibit...View More

Coconut oil 200ml pack classifiable as ‘edible oil’; Follows SC Larger Bench 

CESTAT Hyderabad classifies coconut oil packaged in upto 200ml packs under as edible oil under Heading 1513.11 and not as hair oil under Heading 3305; Assessee is manufacturing coconut oil in package ...View More