CESTAT Rulings


Allows credit at factory on input-services received by Usha-Martin at captive-mines

CESTAT Kolkata allows CENVAT credit of service tax availed at factory by Assessee (Usha Martin) in respect of input services received at captive iron-ore and coal mines,&...View More

Extends exemption to GE-India on rotor-blade first sold & later installed at customer’s site 

CESTAT Chennai dismisses Revenue’s appeal questioning the benefit of exemption of Basic Customs Duty (BCD) availed by the Assessee on import of rotor blades [Wind Operated Electricity Generator ...View More

Services for goods procurement & supply to foreign recipient on P2P basis, not intermediary services 

CESTAT Chennai rules that rendering bouquet of services relating to procurement and supply of goods for which consideration is only payable by foreign service recipient cannot be classified as interme...View More

Quashes demand raised ‘merely’ basis difference in Balance-Sheet & ST-3 Returns

CESTAT Mumbai observes that “demand of Service Tax merely on the basis of difference between the figures indicated in the Balance Sheet and ST-3 Returns do not legally sustain” and sets-as...View More

No fault in adopting 'Import-Parity-Price' for petrochemical-goods absent any price available on clearance-date 

CESTAT Kolkata upholds adoption of Import Parity Price (IPP) by Haldia Petrochemicals (assessee) for clearance of petrochemical goods in a&n...View More

Quashes customs-broker license revocation over client's suspicious drawback/IGST-refund availment 

CESTAT Mumbai sets-aside order revoking customs broker license (CBL), forfeiture of security deposit and penalty on finding charge of breach of regulation 10(d), 10(n) and regulation 1(4) of ...View More

Drops demand on 'Residual-Fuel-Gas' cleared to JV for generation of electricity used in manufacture 

CESTAT Kolkata drops excise duty demand on intermediate excisable goods i.e. Residual Fuel Gas (RFG) [manufactured out of cracking Naphtha] cleared by Assessee (Haldia Petrochemicals) to HPL Co-genera...View More

Ranger and Brutus Vehicles imported by ‘Polaris India’ not classifiable as passenger carriage 

CESTAT Delhi holds that the All Terrain Vehicles (ATVs) imported by Polaris India (assessee-importer) like ‘Ranger (non-electric) Vehicles’,‘Ranger (electric)’ and ‘Brutu...View More

'Value added services' from overseas-entity, being part & parcel of rough-diamond procurement not BSS

CESTAT, Mumbai rules out taxability of value added services (VAS) related to assistance in procurement of rough diamonds from overseas supplier under Business Support Service&...View More

Quashes excise duty demand on clearance of bought out items: Allows assessee's appeal

CESTAT, Mumbai quashes demand of excise duty on the clearance of essential spare parts (bought out items) of the goods by the Assessee, as not being sustainable on multiple grounds, sets aside impugne...View More