CESTAT Rulings


Service provider for loading, unloading jobs for Tata Steel not liable to service tax 

CESTAT Kolkata holds assessee not liable to service tax under the category of ‘Cargo Handling Service' on finding that ‘service recipient’/ Tata Steel Ltd. is already paying service ...View More

Notification effective from date when offered for sale; Patanjali not liable to increased duty

CESTAT, Ahmedabad holds that Patanjali Foods (Assessee) is not required to pay 5% increase in duty as on date of clearance, is eligible for re-assessment of bills of entry basis un-amendment Notificat...View More

Quashes demand of 'Clean Energy Cess' on coal removed post advent of GST 

CESTAT Delhi rules on leviability of Clean Energy Cess (CEC) on stock of coal held by assessee, a wholly owned subsidiary of Coal India Ltd. and quashes recovery of CEC on finding that actual levy inc...View More

Allows CENVAT credit on 'Structured steel plates' used by SAIL for fabricating capital goods

CESTAT Kolkata allows Steel Authority of India (SAIL/assessee) to avail CENVAT Credit on ‘structured steel plates’ used for fabrication of capital goods (mills, conveyors, belts, pipelines...View More

Extends exemption benefit to DMRC despite ‘Essentiality Certificate’ non-issuance at time of clearance 

CESTAT Mumbai exempts import of ‘escalators with accessories’ by Delhi Metro Rail Corporation (DMRC) intended for specific use and sets-aside denial of benefit on account of non-existence ...View More

CESTAT, not GSTAT competent to entertain appeal against refund-order passed under GST

CESTAT Chennai (Larger Bench) in deciding whether a refund order passed u/s 142 (3) of the CGST Act would be appealable before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), answers ...View More

Revenue cannot shift onus to prove credit eligibility on assessee without evidence 

CESTAT Mumbai dismisses the appeal of Revenue for lacking in merit that assails the eligibility of Reliance Industries to take CENVAT credit on tax paid towards utilization of ‘goods transport a...View More

X-ray of pipeline a ‘works-contract'; Quashes demand under 'technical inspection and certification service’

CESTAT Ahmedabad holds that activity of X-ray of pipeline qualifies as ‘works contract service’ on finding that it is provided along with material i.e. Xray films, while drawing parallels ...View More

No-show charges for hotel-booking cancellation not liable to tax; Service-charges collected by restaurant taxable 

CESTAT, New Delhi interprets the term ‘consideration’, holds that “no show charges” i.e. forfeiture of the amount received by a hotel from a customer on cancellation of the boo...View More

‘Fee’ collected by Indian-lab for biometric-registration of workers on Malaysian employment-portal not taxable

CESTAT Chennai sets-aside demand of service tax on fees collected by assessee (Indian Lab) for biometric registration of candidates seeking employment in Malaysia and uploading...View More