CESTAT Rulings


Affirms service tax demand of over Rs. 30 lakhs on Advertising Agency

CESTAT Allahabad sets-aside demand of service tax by granting assessee abatement on print media to the extent of 85%, in terms of Circular No. 341/43/96-TRU dated October 31, 1996 as also quashes dema...View More

LG’s Smart-watch capable of transmitting data, working on Google-OS, not wrist-watch; Denies exemption

CESTAT Delhi denies exemption on ‘LG Watch W7’ or ‘G Watch (Smart Watch)’ imported from Korea whilst observing that smart-watch capable of transmitting data and working on...View More

Quashes order restricting drawback, other eligible refunds on export 

CESTAT, Mumbai holds that the conclusion arrived at in the impugned order for restricting the drawback and other eligible refunds of IGST, ROSL and MEIS benefits on export of goods, is not sustainable...View More

Distillery-unit being part of factory availing area-based exemption not entitled to CENVAT 

CESTAT Delhi denies CENVAT credit on capital goods/input services used in setting up the distillery unit which forms part of the same factory (of assessee, availing area-based exemption vide Notificat...View More

Mere packing chargers with batteries and labelling them not 'Manufacture'; Quashes demand against 'Eveready-Industries'

CESTAT, Kolkata holds that the activity of mere packing of rechargeable batteries along with battery chargers and labelling the same as “Eveready Recharge/Ultima” and “Uniross/Power ...View More

Goods re-imported into DTA taxable; No scope for interpretation in ‘unambiguous’ SEZ-Act

CESTAT Delhi upholds levy of customs duty on re-import of goods into Domestic Tariffi Area (DTA) unit of Lupin Ltd. (assessee) without any manufacturing activity undertaken in Special Economic Zone (S...View More

Shipping Bill re-assessment not final unless 'speaking order' passed; Rejects refund denial

CESTAT Kolkata dismisses denial of refund claim by Revenue citing assessee’s failure to file appeal pursuant to re-assessment of Shipping Bills (SBS) raising demand ...View More

Degree granted by foreign-university not recognised by Indian-law; Upholds demand under commercial-training 

CESTAT Delhi confirms demand of service tax under ‘Commercial Training or Coaching’ on assessee with regard to imparting of education in the field of Postgraduate Courses in...View More

MTR’s ‘Badam-Milk-Drink’ not 'flavoured milk' but 'beverage'; Stresses on specific classification 

CESTAT Bangalore dismisses MTR Foods' appeal, holds that ‘Badam Milk Drink-Ready to Drink’ is classifiable as ‘Beverages’ under Heading 2202 9030 which is a specific entry for ...View More

Commission from overseas-buyer for services rendered w.r.t. goods procured for exports not ‘intermediary' 

CESTAT Chennai holds that receipt of ‘commission’ from foreign buyers towards a bouquet of services (like monitoring quality, testing samples etc.) is not "mere selling or purchase of good...View More