CESTAT Rulings


Quashes Revenue's appeal alleging over-valuation of imports by Adani Power, cites incomplete investigation 

CESTAT, Mumbai dismisses Revenue’s appeal alleging over-valuation of imported goods by Adani Power, holds that such assertion hasn’t been established thus, the order doesn’t call for...View More

Quashes demand under management, maintenance or repair service against authorized dealer of ‘Abaqus’ 

CESTAT Chennai sets-aside demand under reverse-charge mechanism (RCM) under category of ‘management, maintenance or repair’ (MMR) service against assessee [Dassault Systemes (DS) Simulia P...View More

TDS paid on receipt of 'technical assistance' not consideration; Classifies supply under 'Management Consultant' 

CESTAT Chennai holds that “the TDS is a tax obligation which can never partake the character of value or consideration for the transaction or of the goods or of services.”; Thereby, d...View More

Duty-demand unsustainable absent loss in quantity of petroleum goods during loading & unloading stage

CESTAT, Ahmedabad holds that in absence of difference in quantity of Petroleum Goods at loading and unloading stage and when the negligible variation is only due to temperature difference, there is ab...View More

Allows credit of tax paid under RCM where conditional exemption not opted by assessee

CESTAT Ahmedabad allows CENVAT credit of service tax paid erroneously under ‘reverse charge mechanism’ (RCM) on intellectual property right (IPR) services; Notes t...View More

Disallows refund of KKC paid on services, credit taken beyond a year from invoice/BoE date 

CESTAT Hyderabad rejects the refund of Krishi Kalyan Cess (KKC) worth Rs, 5 lakhs paid on services received for manufacturing (viz. transportation of goods, Manpower supply-recruitment, maintenance an...View More

‘I Stat Blood Gas Analyser’ classifiable as 'blood analyser', eligible to concessional duty benefit

CESTAT Hyderabad holds that instrument – ‘I Stat System’ along with cartridges, etc. used for analysis of various parameters of blood is prima-facie a ‘bloo...View More

Option under Rule 6 (3) for credit availment on common input-services operates ‘prospectively’: Upholds penalty 

CESTAT Chennai dismisses assessee’s appeal, holds that intimation of option for availment of credit on common input services used for ...View More

Services to SEZ, State of J&K not exempted, does not require credit reversa

CESTAT Ahmedabad sets-aside order raising demand of CENVAT credit in respect of services supplied to Jammu & Kashmir (J&K) and Special Economic Zone (SEZ) unit/developer; Holds that, Rule...View More

Demand unsustainable on maintenance/repair work carried on rig/drill ship in non-designated area 

CESTAT Chennai quashes service-tax demand on repair and maintenance work carried out by Assessee on rig/drill ship in the non-designated area; (NDA); Notes that, Assessee, engaged in Management, Maint...View More