CESTAT Rulings


Call Option Fee is in nature of goods, outside service tax ambit 

CESTAT Delhi holds that no service tax can be levied on receipt of ‘Call Option Fee’ as grant of “Call Option” is a transaction in goods and imposition of service tax on goods ...View More

Amount paid by Mining lease holder to ‘Governmental authorities’ for ‘environmental rehabilitation’ taxable 

CESTAT Delhi, citing ‘The Polluter Pays’ principle from Rio Declaration on Environment and Development, holds that the amount paid by J K Lakshmi Cements (assessee) towards District Minera...View More

Interest on amount refunded after Tribunal quashed demand payable from payment date 

CESTAT Delhi holds that interest on refund sanctioned pursuant to Tribunal’s ruling in assessee’s favour and against which SC has dismissed revenue’s appeal, is payable from the date...View More

Raps Refund Sanctioning Authority for making assessee suffer ‘irregular’ adjudication-process after Tribunal’s favourable order 

CESTAT Mumbai directs the revenue to refund the amount consequent upon CESTAT’s favourable order alongwith interest after the same was refused by the Refund Sanctioning Autho...View More

Quashes demand, penalty for MRP alteration for rule misapplication, lack of evidence against importer 

CESTAT Delhi quashes order confirming duty demand, penalty and confiscation under rule 5 of Central Excise (Determination of Retail Sale Price of Excisable Goods) Rules 2008 for alteration of MRP stic...View More

Extracting minerals under Turnkey-contract ipso facto ‘Mining’ under specific clause, taxable from enacted date 

CESTAT Ahmedabad holds that the activities of assessee excavating 'lignite' minerals under a composite turnkey contract, would fall under the ‘mining’ under clause (zzzy) of section 65(105...View More

Allows CENVAT credit on various input services used in manufacture and clearance of chemicals 

CESTAT Mumbai allow CENVAT credit in respect of various input services used in or in relation to the manufacture and clearance of Miscellaneous Chemicals falling under chapter 38 of Schedule I of Cent...View More

For non-taxable service, invoice stating amount includes service tax doesn't prove assessee collected it 

CESTAT Delhi holds that where service by assessee for causing sale of immovable property during the relevant period of 2007 is not taxable at all, commission received by assessee as per the agreement ...View More

Forcing re-classification without speaking order by proper officer inappropriate; Allows Daikin’s appeal 

CESTAT Mumbai, in a matter of classification of Daikin’s‘split air conditioners incorporating refrigerating unit with dual function (cooling and heating)’, holds that an assessing of...View More

Books sold by FIITJEE to students not taxable under 'coaching service' 

CESTAT Kolkata, referring to Notification No. 12/2003-ST (Notification), and the decision of CESTAT Delhi in FIITJEE Ltd, rules that FIITJEE (assessee) is not liable to pay service tax on the sale val...View More