CESTAT Rulings


Cross-utilisation of CENVAT credit from manufacturing activity for payment of service tax permissible 

CESTAT Delhi holds that assessee can cross-utilised the CENVAT credit pertaining to the manufacturing activity for payment of service tax; Refers to Rule 3 of CCR, 2004, to clarify that “Once cr...View More

Infrastructure-sharing by Hospital with Diagnostic Service Providers in revenue-sharing model outside BSS scope 

CESTAT Chandigarh quashes demand on OP Jindal Institute of Cancer and Research under the head ‘Business Support Services’ for sharing revenue with certain Diagnostic Service Providers (DSP...View More

Transfer of Goodwill of Business different from Trademark, not taxable as IPR service 

CESTAT Delhi holds that income received as ‘license fee’ by assessee (Remfry & Sagar Consultants/R&S Consultants), fundamentally requiring the continuity of 173 years old practice,...View More

Classifies Capacitors, Bare PCB for AC, remote manufacturing under CH 85; Prioritizes specific headings over GIR 

CESTAT Ahmedabad upholds the classification of 15 imported components used for manufacturing of ‘Main PCB of A.C.’ or ‘Remote Control’ under various heading of Chapter 85 such ...View More

Allows manufacturer SSI exemption with clearance value under Rs. 7.5 lakhs, after excluding goods cleared for Govt Scheme 

CESTAT Delhi allows assessee who is manufacturing soya nuts and wheat puff and supplying most of them for Integrated Child Development Scheme (ICDS), to avail SSI exemption under Notifications Nos. 17...View More

Conducting clinical trials for international pharmaceutical companies qualifies as ‘export’ 

CESTAT Ahmedabad holds that service of clinical trial on drugs for the foreign service recipient is ‘export of service’ and not taxable, therefore, quashes demand; Assessee is engaged by v...View More

Cutting, labelling, packaging of V-belts amounts to ‘manufacture’; Quahses CENVAT-credit recovery 

CESTAT, Mumbai allows CENVAT credit on cutting, labelling, relabeling, packaging, repackaging of Transmission belts, conveyor belt, trimming belt, construing the said activity as ‘manufacture&rs...View More

Grants refund to Microsoft-India on account of service exports; Observes satisfaction of triple test 

CESTAT Chandigarh grants refund to Microsoft- India (Asessee) classifying market support services provided to Microsoft-Singapore as ‘export of services’ as per the definition; Observes sa...View More

Amino acids, whey-protein-powder classifiable as ‘protein concentrates’; Dismisses Assessee’s appeal 

CESTAT Delhi dismisses Assessee’s appeal challenging the classification of amino acids, whey-protein under CTI 2106 90 90 with the heading ‘protein concentrates and textured protein substa...View More

Demand by inclusion of trade discount in transaction value as additional consideration unsustainable 

CESTAT Mumbai quashes the excise duty demand on Mahanagr Gas Ltd (assessee) by inclusion of ‘Trade discounts’ received from bulk purchasers in the transaction value as additional considera...View More