CESTAT Rulings


Quashes demand on erection, commissioning & installation when included in goods ‘sale value’ 

CESTAT Ahmedabad quashes service tax demand on the provisions of erection, commissioning and installation of the textile machinery at the customer’s site, finding that same forms part of the &ls...View More

Upholds demand on exporter for fraudulently claiming export incentives by mis-declaring goods' origin country 

CESTAT Kolkata dismisses the appeal of a merchant exporter (Assessee) who, between 2010-11 and 2013-14, imported Bangladeshi B-twill Jute bags and falsely claimed export incentives (DEPB/Drawback) by ...View More

Zero Air not 'compressed air', attracts duty; Favours Revenue's ‘Synthetic Air' classification 

CESTAT Bangalore accepts classification of ‘Zero Air’ by Revenue, holding that ‘Zero Air’ is ‘Synthetic Air’ and not ‘Compressed Air’ under Chapter Sub-...View More

Recipient can file refund within its jurisdiction regardless of supplier’s location: Third Member resolves conflict 

CESTAT Mumbai (Third Member) rules that the person who bears the service tax (service recipient) can file for a refund within their jurisdiction, and the Revenue cannot insist the filing at the servic...View More

Drops demand on freight charges collected for delivery to buyer’s premises 

CESTAT sets aside the decision of Commissioner holding buyer’s premises as “place of removal”; Noting that SC decision “covers all the aspects of this issue”, holds that ...View More

Rejects application for fixing special rate of duty on limitation 

CESTAT Kolkata upholds rejection of application for fixing special rate of duty on the ground of being time-barred; Goes by conditions in Notification No. 20/2007 dated April 25, 2007 and clarifies th...View More

Allows CENVAT-credit refund of service tax paid on flat-booking amounts cancelled subsequently 

CESTAT Mumbai permits refund of CENVATcredit of service tax paid on booking amounts received from customers on cancelled residential flats; Notes that...View More

Quashes rejection of proof of export, dismisses ground for non-presentation of quadruplicate invoice-copy 

CESTAT Ahmedabad quashes orders rejecting proof of export premised on failure to present quadruplicate copy of invoice (four copies of invoice) noting that “production of original and duplicate ...View More

Commissioner’s decision to select witnesses for cross-examination violates Natural Justice Principle; Remands matter 

CESTAT Ahmedabad remands the issue Rs.156 crore duty demand along with penalty on Gutka manufacturer (assessee) for ‘clandestine manufacture and clearance’ to Adjudicating Authority, findi...View More

Drops service-tax demand on ‘adda-fees’ for extended period due to uncertainty in law 

CESTAT Chandigarh partly allows Assessee’s appeal, refuses to invoke extended period of limitation owing to uncertainty in the law relating to imposition of Service-tax on ‘adda fees&rsquo...View More