CESTAT Rulings


Allows credit to Honda-India on 'part-catalogue' and 'repair-manual' development service 

CESTAT Allahabad allows CENVAT credit of service tax paid under reverse charge mechanism (RCM) by Honda Cars, India (assessee) on the service fees paid by them to their principal (Honda Motor Company ...View More

Onus to prove non-taxability vis-a-vis discrepancy lies upon assessee; Upholds 'reverse-charge' liability

CESTAT Ahmedabad rules that “under the service tax law after 01.07.2012 all payments received or paid to the foreign parties by the assessees against any service provided/ received from abroad (...View More

Liability cannot be fastened without certainty of ‘taxable service’, Commission on 'Corporate Guarantees' taxable as BAS 

CESTAT, Mumbai holds that tax liability cannot be fastened without certainty of the ‘taxable service’ in application of mind by the SCN issuing thus sets aside the impugned order initiatin...View More

‘Water front Royalty’ for minor-port development a statutory levy, not taxable as 'port service'

CESTAT Ahmedabad sets-aside service tax demand on Water Front Royalty payment/wharfages on finding it to be a ‘statutory levy’ in relation to goods landed by the private port aut...View More

DGFT's delay in acting on EPCG-license redemption request cannot deprive exemption to Hyundai Motors 

CESTAT, Chennai holds that Hyundai Motors (Assessee) should not be taken to task due to a delay caused in the DGFT office to act on their request for redemption of EPCG Licence, sets aside impugned or...View More

Prioritizes CIPET sample-reports over customs-lab in 'Plastic Stickers' classification; Quashes misdeclaration charges 

CESTAT Ahmedabad rules in favour of assessee (SEZ unit) by giving preference to sample reports of Central Institute of Plastic Engineering and Technology (CIPET) as against Customs Laboratory in a mat...View More

Rules on relevant-date for refund; Rejects limitation plea where service received were unsatisfactory 

CESTAT Delhi rules on ‘relevant date’ for allowing refund of service tax paid under reverse charge mechanism (RCM) and clarifies certain aspects viz. (i) relevant date for reckoning 1 year...View More

Absent specification of exact heading/sub-clause, demand under BAS not sustainable

CESTAT Ahmedabad holds that “In the absence of the specification of the exact sub-clause under which the demand was raised the said demand cannot be sustained” ; Thus, emphasizing on the i...View More

Providing bus transportation to students/staff of educational institute not ‘rent-a-cab' service

CESTAT Ahmedabad determines that providing buses for transportation of students, facilities and staff of an educational institution is not taxable under the category of rent-a cab service; Notes that,...View More

Grants interest on refund claim of 19 crores to HCL Tech 

CESTAT Allahabad allows interest for 55 days as per section 11BB of the Central Excise Act (CEA) and rejects appeal of assessee for want of ‘merit’ opining that “issued involved in t...View More