CESTAT Rulings


Sets aside differential demand over JPC Cess owing to ‘premature’ SCN 

CESTAT Kolkata rules that show cause notice disallowing deduction of Joint Plant Committee (JPC) Cess from assessable value is premature if the RT-12 assessment date [i.e. 1996] is taken as the date o...View More

Drops demand on Boeing-India for expenses reimbursed to seconded employees

CESTAT Delhi finds it fit to drop the entire demand of service tax under the heading ‘manpower services' against Boeing-India on expenses reimbursed to employees seconded from its holding compan...View More

Biscuits being ‘food-stuff’, refund of tax paid under GTA by mistake not hit by time-bar

CESTAT Kolkata, allows appeal against the order passed by Commissioner (Appeals) upholding Adjudicating Authority’s order rejecting Assessee’s claim for refund of service tax paid on rever...View More

Penalises Commissioner for 'Judicial Discipline' violation; Refers matter to HC for 'Contempt Proceedings' 

CESTAT, Allahabad on observing that the Commissioner has not implemented the order of this Tribunal even after being directed under Rule 41 of CESTAT Procedure Rules, 1982 and having been allowed suff...View More

Non-amendment or non-obtainment of registration by exporter a ‘minor’ procedural infraction; Allows refund 

CESTAT Mumbai allows refund of accumulated CENVAT credit opining that obtaining Service Tax registration is not a prerequisite for claiming refund; In present case, redunds were denied on various grou...View More

Sets-aside area-based exemption denial to 'Laminated paper' manufacturer; No estoppel in claiming correct classification

CESTAT Allahabad sets aside the denial of area-based exemption to assessee manufacturing ‘Corrugated Boxes and Laminated Paper’ at Rudrapur Uttarakhand under Notifications Nos 49/2003-CE a...View More

By majority, conclusively allows cash refund of accumulated CENVAT Credit upon business closure 

CESTAT Mumbai, by majority decision, allows the assessee to claim cash refund of accumulated CENVAT credit to the tune of Rs. 1.8 crores on closure of the factory; The third member view, pursuant to s...View More

Services by Glaxo SmithKline qualify as export irrespective of payment routing through third-party 

CESTAT, Chandigarh holds that “Business Support” and “Manpower Recruitment and Supply’ service rendered by Glaxo SmithKline to M/s SmithKline Beecham Plc. (SB Plc), U.K. under ...View More

Advisory to clients abroad for investment of funds an 'export of service'

CESTAT, Chennai upholds Commissioner (Appeals) order sanctioning rebate to the Assessee (Sundaram Asset Management Co. Ltd.) on advisory services for investment of funds to clients abroad; Assess...View More

Incorrect description on invoice no ground to deny CENVAT credit to service receiver

CESTAT Mumbai sets-aside demand of service tax against insurance major (Tata AIG General Insurance Co. Ltd./assessee), holding that, raising invoice with incorrect description (instead of business sup...View More