CESTAT Rulings


Commissioner (A) to apply pre-deposit provisions relevant at time of hearing appeal; Rules in Oil India’s favor 

CESTAT Kolkata sets aside Commissioner (A)’s order dismissing Oil India Ltd’s (assessee) appeal on the taxability of hired tangible goods due to non-fulfillment of the pre-deposit conditio...View More

Quashes levy of service tax on Hiranandani Realtors for construction of residential complex 

CESTAT Chennai quashes levy of service tax on assessee-developer for rendering construction services prior to July 01, 2010; Follows recent decision in Casa Grande Private to state that “service...View More

No service tax on ‘reject coals’ sold after being removed during beneficiation process 

CESTAT Delhi quashes service tax demand on ‘coals rejects’ which is sold by assessee in market after the same is removed by process of beneficiation or coal washing for the purpose of supp...View More

Third Member upholds Nissan Motor's liability on salary paid directly to expats in INR 

CESTAT Chennai (Third Member) finds the observation of Member-Technical that even salary, bonus, allowances, and expenses paid by Nissan India (assessee) directly to secondees in INR, will form part o...View More

Affirms demand for importing Marble and Mosaic below MIP fixed by DGFT 

CESTAT Chennai upholds customs duty demand on assessee for importing Marbles and Mosaic below the Minimum Import Prices (MIP) (USD 60 and 80) set by DGFT Notifications No. 65 (RE-2010)/2009-2014 and N...View More

Demand not sustainable under BSS as show cause notice alleges OIDAR service 

CESTAT Delhi quashes demand of service tax for hosting services on finding that taxability under the category ‘Business Support Service’ (BSS) has not been reflected in the show cause noti...View More

Services provided in canteens maintained in factory exempt w.e.f Oct’ 13 

CESTAT Mumbai quashes service tax demand, in the extended period, on assessee (a canteen service provider) post October 22, 2013 as “services provided in relation to serving of food or beverages...View More

Software development or internet consultancy requiring significant human intervention, not OIDAR services 

CESTAT Delhi holds that the “service of developing softwares/websites or consultancy on internet which require too much of human intervention” is not merely of accessing or retrieving onli...View More

Assessee in-capacity to prove work orders execution with materials; Remands to probe exemption eligibility 

CESTAT Kolkata quashes the demand of service tax under the category of ‘Commercial or Industrial Construction Service’ and allows assessee’s appeal by way of remand, upon noticing th...View More

Waives penalty on petty-contractor due to lack of service tax knowledge 

CESTAT Allahabad waives penalty imposed on assessee (a petty contractor) u/s 80 of the Finance Act, 1944, highlighting errors by lower authorities that despite agreeing with assessee submission regard...View More