CESTAT Rulings


Water supplied by State Govt. to industrial power-plant not 'usage of natural resources' 

CESTAT Delhi quashes Rs. 10 crores (approx) service tax demand on Sasan Power, on the provision of supply of water by the Govt of M.P for establishing a 3960MW Ultra Mega Power Project in Si...View More

Contributions to NMET/DMF, royalty paid for mining-rights not taxable: Cites "judicial-protocol" violation 

CESTAT Delhi citing a bevy of judicial precedents relating to liability to pay service tax on reverse charge basis on royalty and other charges to the state government holds that “demand&he...View More

Royalty and License Fees payment, not includible in Transaction Value of imported parts/components

CESTAT, Kolkata rules that royalty payable on the value addition done by Assessee (Importer) utilizing the Technical Know-how of the Licensor, has nothing to do with value of imported components, henc...View More

Citing non-adherence with classificatory rules, rejects Revenue's 'activity-tracker' re-classification as 'wrist wearable-device' 

CESTAT Mumbai sets-aside Revenue’s re-classification of ‘activity tracker’ under tariff item 8517 62 90 from Tariff Item 9029 1090, which was originally declared by assessee in their...View More

No service by constituent undertaking activity for JV; Intention, not agreement-nomenclature, relevant 

CESTAT, Chennai rules that the activities undertaken by Tamil Nadu Industrial Development Corporation Ltd. (TIDCO/assessee) for Joint Venture (JV) under JV agreement do not fall under ‘Business ...View More

No service tax on central rights income earned from BCCI, fees paid to IPL foreign players

CESTAT Mumbai quashes demand against Jaipur IPL (operating the cricket team Rajasthan Royals) on various provisions such as receipt of Central Rights Income (CRI) as per IPL franchise agreement, fees ...View More

Line modules, pluggables, controller cards imported by Cinea ‘parts’ of Telecommunication equipment 

CESTAT Mumbai restores assessee’s classification of line modules, pluggables, controller cards, switch modules, line amplifiers, wavelength selectable switches, transponders/multiplexers, demult...View More

Biometric Access Control System recording entry/exit classifiable as an ADP machine

CESTAT Ahmedabad in appeal by a leading global biometric solutions provider holds that Biometric Access Control System imported by assessee merits classification under Heading 8471 of the First S...View More

Rejects revenue’s re-classification of ‘furnace oil’ based on test report of unrecognized lab 

CESTAT Ahmedabad rejects revenue’s re-classification of imported ‘furnace oil’ as ‘waste oil’ on basis that CRCL Vadodara’s test report, on whose basis re-classific...View More

Reimburses by Maruti Suzuki to overseas dealers taxable under RCM for normal period

CESTAT Chandigarh rules on liability to pay under Reverse Charge Mechanism (RCM) on expenses reimbursed by Maruti Suzuki India (like Export/Goodwill warranty, Product recall charges) to foreign d...View More