CESTAT Rulings


Weighment charges recovered by FCI from State Govt. Agencies not 'Business Auxiliary Service' 

CESTAT Chandigarh holds that weighment done by Food Corporation of India to ensure the declared quantity of grains supplied by agencies cannot be said to be a service, leave alone Business Auxiliary S...View More

Upholds tax imposition on charges collected towards service subscription not disclosed in returns

CESTAT, Chandigarh upholds order imposing service tax on charges collected by the Assessee (a Service Station of Bajaj Auto) from all customers who purchased Bajaj Products under a scheme launched by ...View More

Helmet locks supplied by Hero Motocorp with Motorcycle, being an accessory, qualifies as 'input' 

CESTAT Chandigarh allows Hero Motocorp (assessee) to take CENVAT credit on ‘helmet locks’ supplied along with Motorcycles; Rules that ‘helmet locks’ required to be supplied wit...View More

Sets-aside demand against Ultratech on cement cleared to SEZ developers without duty payment

CESTAT Ahmedabad upholds dropping of demand against Ultratech Cement Ltd (assessee) on clearance of cement from factory to SEZ developers without payment of excise duty under bond/LUT; ...View More

Absent modern techniques to identify Shahtoosh in shawls, quashes prosecution based on presumption/surmise 

CESTAT Delhi sets aside confiscation of shawls on finding that “prosecution is nothing but an outcome of presumption and surmises.” and holds reports as ‘insufficient’ to arriv...View More

Auto-dealer not liable to service-tax on handling & forwarding charges forming part of sale-price

CESTAT Ahmedabad rules that no service tax on handling and forwarding charges can be demanded when there is sale of goods and VAT is paid on said charges by automobi...View More

Excess-duty paid on 'Quantity Discount' refundable even if 'Provisional Assessment' not opted

CESTAT Ahmedabad rules that excess excise duty paid on quantity discount extended from depot is “clearly refundable” where “no discount was involved&rdq...View More

Quashes demands imposed for execution of works contract service, allows notification-benefit

CESTAT Kolkata quashes service tax demands imposed on Assessee for execution of a works contract service for supply of machineries under the head “Erection, Installation & Commissioning...View More

Quashes SCN citing absence of proper 'confiscation' notice; Directs seized gold release 

CESTAT, Mumbai directs release of seized gold on noting the established fact that the owner, has not been issued with notice of intent to confiscate goods seized from its possession and many moons bey...View More

Earphones having independent functionality, not part of mobile phones, extends exemption

CESTAT Delhi holds that earphones CX 275s (having microphones) imported by an audio company offering headphones, headsets, etc. is eligible for benefit of exemption Notification No. 57/2017-Cus as ame...View More