CESTAT Rulings


Retrospective levy of Anti-Dumping Duties invalid where no duty existed on date of import 

CESTAT Kolkata reiterates that the date of presentation of Bill of Entry is relevant for levy of anti-dumping duty and holds that, “…there being no anti-dumping duty leviable on the said ...View More

‘Minute Maid Nimbu Fresh’ is fruit juice-based drink; Allows Bottler credit on Pollution-survey services 

CESTAT Chandigarh allows the appeal of Botteling partner of Coca Cola India, holding that ‘Minute maid Nimbu Fresh’ containing more than 5% of the fruit pulp is appropriately classifiable ...View More

Expat salary reimbursements non-taxable under employer-employee setup; Discourages mechanical NOS-judgment application 

CESTAT Hyderabad holds that Northern Operating Systems judgment cannot be mechanically applied to all cases, and in the absence of a specific secondment agreement and where an employer–employee ...View More

Machinery for rice mills classified under Chapter 8437; No duty payable on circular date 

CESTAT Kolkata holds that machinery for rice mills is classifiable under Chapter 8437 of the Central Excise Tariff Act, 1985; Rules that no demand is sustainable on the date of CBEC circular (May 15, ...View More

Leasing of medical equipment to hospitals is SOTG service, not deemed sale 

CESTAT Hyderabad affirms that leasing out medical equipment to hospitals would fall under the category of “Supply of Tangible Goods Services” (SOTG) u/s 65 (105)(zzzzj) of the Finance Act,...View More

No tax on building leased for hotel with ancillary facilities like restaurant, hall etc 

CESTAT Chennai, in a matter concerning leasing of a building owned by actor Rajinikanth (Assessee) to Vasantha Bhavan Hotels India Pvt Ltd, holds that a building leased for use as a hotel along with f...View More

Imported “scented sweet supari” are betel nuts in cut pieces; Denies exemption and Upholds confiscation 

CESTAT Delhi holds that “Scented Sweet Supari” are only betel nuts in cut pieces which are excluded from Chapter Heading 2106, and the same are classifiable under Chapter Heading 0802; Obs...View More

Market fee collected by BCCL not taxable, forms part of the transaction value 

CESTAT Kolkata holds that the market fee levied and collected by Bharat Coking Coal Limited (BCCL/Assessee), a 100% subsidiary of M/s. Coal India Ltd. (CIL), is a ‘fee’ and not ‘tax&...View More

Absent deeming provision, customs lacks jurisdiction to confiscate foreign-currency under FEMA ; Quashes penalty 

CESTAT Delhi sets aside absolute confiscation of foreign-currency equivalent to Rs 81.01 lakhs (approx.) and consequential penalties imposed under Sections 113(d) and 114 of the Customs Act, 1962, hol...View More

Compensation for Factory capacity-underutilization by service-recipient to supplier qualifies as ‘declared service’; Damages/Penalties do not

In a 157 page comprehensive ruling, CESTAT Ahmedabad rules in Revenue’s favour that charges/compensation (Idle cost compensation) paid by holding German company to its I...View More