CESTAT Rulings


Demand raised basis difference in ST-3 return and Form 26AS figures unsustainable; Allows appeal 

CESTAT Delhi rules that the difference in figures reflected in ST-3 returns filed by the Assessee and Form 26AS filed under Income Tax Act cannot be the basis for raising service tax demand without ex...View More

Corporate-guarantee received by 'India Yamaha Motor' from parent company not taxable pre-July 2012 

CESTAT Delhi rules that fee paid by India Yamaha Motor (assessee) to its parent entity in Japan in lieu of ‘corporate guarantee’ given by later would not be taxable under ‘Bank ...View More

Upholds levy on commission received for advisory services to Cooperative Society, extended-period invocation 

CESTAT Delhi upholds service tax demand against Assessee on commission received for advisory provided to Adarsh Adarsh Credit Cooperative Society Ltd. (ACCSL),a defunct ponzi scheme,&nb...View More

CNG sold to BEST assessable at transaction-value, not price charged to other customers 

CESTAT Mumbai quashes excise-duty liability on trade discount offered by Mahanagar Gas Ltd. [MGL/assessee] to Brihanmumbai Electric Supply and Transport (BEST), a bulk buyer of Compressed Natural Gas ...View More

Contract execution, not work-order date relevant for refund computation: Allows appeal 

CESTAT, Delhi sets-aside order denying refund of service tax paid on “works contract services” provided by the Assessee to Govt. local or Govt. authority under contract/agreement, which se...View More

Quashes MRP re-determination of Acer laptop imported, supplied with carry-bag for free-distribution to students 

CESTAT Chennai holds that Revenue cannot re-determine MRP of laptops imported by Acer India (assessee) for supplying to Electronics Corporation of Tamil Nadu Limited (ELCOT) for free distribution to s...View More

Re-packing ‘raw tobacco’ in retail packs, not ‘manufacture'; Dismisses re-classification as ‘Zarda’ 

CESTAT Ahmedabad holds that mere repacking of unmanufactured, and unprocessed tobacco without lime tube under a brand name (Suresh Tamakhu in this case)  does not amount to ‘manuf...View More

Dish TV entitled to 100% credit on Set-Top-Boxes upon receipt, despite capitalization in books 

CESTAT Allahabad allows Dish TV appeal against the order for recovery of interest to the tune of Rs 6.3 crores for availing full CENVAT credit on Set Top Boxes (STB); Holding that STBs satisfy the def...View More

‘Insulated boxes’ for carrying vaccines classifiable as ‘medical equipment’ 

CESTAT Ahmedabad dismisses appeal against order of the Commissioner of Customs dropping the demand of Customs duty on ‘insulated boxes’ used for carrying vaccines imported by cold chain eq...View More

Denies cash refund of unclaimed/accumulated credit absent any provision in law pre-GST 

CESTAT, Hyderabad dismisses assessee's appeal, rules that when there is no provision in the law either under the CENVAT Credit Rules, 2004 or in Central Excise Act to allow cash refund for unclaimed/a...View More