CESTAT Rulings


Quashes credit denial for wrong mention of address, reverse-charge payment w.r.t. C&AG report 

CESTAT Delhi holds that,“Substantial benefit cannot be denied merely on account of procedural infractions in absence of any allegation with respect to eligibility of service as an input service....View More

Allows Resonance Eduventures CENVAT-credit on advertising services for print media promotions 

CESTAT Delhi allows Resonance Eduventures to take CENVAT credit on advertising agency service it received for promoting its activities in print media, as advertising services can be considered as inpu...View More

Short-tax payment due to work contract classification confusion, not suppression warranting limitation invocation 

CESTAT Delhi considering the confusion regarding the concept of Work Contract involving the transfer of goods during the period of dispute, holds that “Any short payment of tax during the said p...View More

Customs Authorities cannot question EO sans prior determination by competent authority 

CESTAT Delhi quashes order confirming customs duty on import of CD-ROMs under Export Promotion Capital Goods (EPCG) License citing “custom authorities had no jurisdiction to issue the show cause...View More

‘ELISA Test Kits for food testing’ are not ‘Diagnosis Kits’ ; Disallows exemption 

CESTAT Delhi upholds the orders of lower forums that assessee importing “ELISA Test Kits for food testing” is not eligible to claim exemption, finding that same cannot be treated on par wi...View More

Receiving Volvo’s packing material with effective custody & possession for goods transport not taxable 

CESTAT Chennai holds that supply of packing material by Volvo to assessee for transporting goods manufactured by assessee like break, assemblies, parts of motor, vehicles etc, do not constitute the se...View More

SSI exemption not barred if use of brand name belonging to other is fortuitous 

CESTAT Chennai holds that fortuitous use of brand name similar to others or where the brand name belonged to others is not a bar for SSI (Small Scale Industries) exemption under Notification No. 8/200...View More

‘Merely invoking’ extended-period sans ‘positive act’ of suppression against settled principles 

CESTAT Delhi quashes order seeking to recover CENVAT credit, service tax demand as also interest and penalty on payment made to commission agents on export of goods for period under dispute (September...View More

Ex-Servicemen Welfare Co-operative Society eligible for 75% tax exemption on manpower recruitment service 

CESTAT Delhi holds that Assessee, a Ex-Servicemen Welfare Co-operative Society providing manpower recruitment services, is eligible for benefit under Notification No. 30/2012 (Notification) which exem...View More

Importer eligible for excess duty refund if Ex-bond BoE delay resulted from ICEGATE error 

CESTAT Chennai dismisses Revenue’s appeal, upholds the Commissioner (A)'s order refunding the assessee 10% excess duty paid on Split AC imports, as increased by Notification No. 67/2018, during ...View More