CESTAT Rulings


Private tour operator liable to service tax on Haj services to pilgrims 

CESTAT Allahabad allows appeals in favour of Revenue regarding levy of service tax on tours for Haj & Umrah post introduction of Negative List concept for levy of service tax (i.e. from July 01, 2...View More

Penalty under Customs Act doesn't apply for misdeclarations made to DGFT for obtaining EPCG license 

CESTAT Delhi holds that personal penalty u/s 114AA of the Customs Act cannot be imposed on a manufacturer's proprietor for misdeclaring machinery’s manufacturing year to obtain EPCG licenses fro...View More

Allows Cenvat credit of input service basis challans deposited against C&AG report 

CESTAT Delhi quashes the order vide which CENVAT credit of service tax availed by assessee on the basis of (i) challans deposited with the Comptroller and Auditor General, and (ii) invoice containing ...View More

Quashes demand on services relating to setting-up of Koldam Hydropower Station on Satluj river 

CESTAT Chandigarh sets aside service tax demand under the head ‘manpower recruitment or supply agency’ service for setting up of Hydro Electric Power Project on finding that supply of manp...View More

SCN unnecessary as Sun Pharma settled duty and interest before its issuance 

CESTAT Chandigarh holds that where the assessee (Sun Pharma Medication Pvt. Ltd) has paid all the duty and interest before the issuance of SCN, the SCN itself should not have been issued; States that ...View More

Electrical parts made as per Railway's design classifiable under CH 86; Follows Westinghouse ruling 

CESTAT Chennai upholds the classification declared by assessee for certain electrical machinery parts and accessories cleared to Railways under Chapter 86 (CETH 86079100) of Central Excise Tariff Act,...View More

Upholds duty demand and confiscation for export obligation default under EPCG scheme 

CESTAT Chennai dismisses a bunch of appeals to uphold the customs duty demand along with confiscation of imported goods and penalty, finding that assessee failed to fulfill export obligation under EPC...View More

Upholds refund rejection of Eveready’s promotional pack cell batteries 

CESTAT Allahabad upholds refund rejection on cell batteries on the ground that assessee failed to prove that the burden of excise duty paid by them was not passed on to their customers; Assessee, manu...View More

Directs 12% interest for unreasonable delay in closing assessments & refund of erroneously paid export-duty 

CESTAT Kolkata directs Revenue to grant interest on refund of excess duty paid by Vedanta Ltd. (earlier known as Sesa Goa Ltd./Sesa Sterlite Ltd.)on export of iron-ore due to error is assessment of sh...View More

‘Site-Formation’ preluding ‘Dam Construction’ provided as sub-contractor not exempt; Affirms extended-period invocation 

CESTAT Hyderabad denies exemption to Assessee, being sub-contractor, providing site formation and excavation services to principal contractors involved in execution of construction of dams post negati...View More