CESTAT Rulings


Quashes demand against 'Instakart Services' on notice pay charges, investment in mutual fund 

CESTAT, Bangalore allows appeal by Instakart Services Pvt. Ltd. on twin counts, quashes (i) demand raised on notice pay recovery from employees and (ii) demand raised under Rule 6 of CCR, 2004 w.r.t. ...View More

Upholds re-classification of plastic-goods imported in SKD-condition to bypass higher-duty; Dept. can have fresh-look 

CESTAT Chennai upholds re-classification of ‘Plastic Bottle Stick and Accessories, Soap Water Solution and Whistle’ as ‘Plastic Toys’ under CTH 95030030, that was imported by a...View More

Quashes levy vis-à-vis Indian exporter for ‘payment processing services’ from foreign banks 

CESTAT Chennai rules in favour of assessee, quashes demand on twin accounts (i) service fee to an intermediary (AMSCO Finance) for collection of payments relating to goods exported to foreign buyer (C...View More

Set aside Revenue’s re-classification of ‘Howaru probiotic culture’ as ‘food preparation’ 

CESTAT Mumbai rejects Customs Department re-classification of imported ‘‘Howaru probiotic culture’ under tariff item 2106 9099 as ‘food preparation’, upholds the assessee...View More

Third-Member answers reference, allows refund of duty-paid on outward-freight by manufacturer in J&K 

CESTAT Chandigarh, in a reference to a Third member, allows refund of excise duty paid by assessee (availing area-based exemption) on outward freight charges for transportation of goods from their fac...View More

‘Invoice-wise break up not required in returns’; Quashes 'extended period' demand on HeroMoto Corp 

CESTAT Delhi sets aside demand on availment of CENVAT credit on services of repair and maintenance of vehicle while ruling on the Department’s allegation of non-disclosure of the information tha...View More

Cash refund of Cesses balance not allowable by mere transition to Tran-1 

CESTAT Delhi upholds Commissioner’s stance that there is no provision in CENVAT Credit Rules, 2004 (CCR) or Central Excise Act, 1944, to allow cash refund of Cesses (Education Cess and Higher Se...View More

Credit distribution by HO as ISD to single manufacturing unit in order; Sets-aside demand 

CESTAT, Ahmedabad sets-aside entire demand based on allegation of distribution of credit by Head Office (HO) as Input Service Distributor (ISD) to assessee’s single unit [at Athal (Silvassa)] an...View More

Components for boosting Smart Education classifiable as 'Teaching Aids', Upholds 'Drone' confiscation 

CESTAT, Bangalore upholds Assessee’s classification of Make UiS (Education) robot, AI Module 2S for boosting smart education under CTH 9023 as ‘Teaching Aids’, sets-aside order of co...View More

Post-importation advertising/marketing by 'Reliance Brands' not includible in valuation of goods

CESTAT Delhi sets-aside order of Principal Commissioner seeking to recover customs duty on advertisment, marketing and promotion expenditure incurred by Reliance Brands Luxury Fashion Pvt. Ltd. (Asses...View More