CESTAT Rulings


Upholds penalty absent any perversity in original-authority’s ‘subjective satisfaction’ about 'intent-to-evade'

CESTAT Chennai rejects appeal by assessee challenging penalty imposed by Lower Authority for non-payment of service tax collected from customers and non-filing of ST-3 returns for ...View More

'Tracker cultivation charges' payable by farmers to Agricultural Dept. not taxable as SOTG

CESTAT, New Delhi holds that ‘tractor cultivation charges’ received from farmers by  Directorate of Agricultural Engineering, Government of Madhya Pradesh (Assesse...View More

Classifies ‘non-alcoholic beverage bases/concentrates' under heading 3302, dismisses Revenue’s appeal

CESTAT Mumbai affirms dropping of demand against Britco Foods Company Ltd (now  Coca Cola India Pvt Ltd) for having cleared ‘non-alcoholic beverage bases/concentrates'&n...View More

EULA, not downloading date relevant for taxing Software-Service; Confirms demand against United-India-Insurance

CESTAT Chennai confirms demand of service tax alongwith interest and penalty against United India Insurance (assessee) on receipt of application software technology (Core Insurance Solution) from SSP ...View More

No 'infrastructure-support-service' by State Cricket Association to BCCI in providing Stadium for IPL

Chennai CESTAT sets-aside demand against Tamil Nadu Cricket Association (assessee), refuses to concur with Department that assessee provided ‘infrastructural support service&rsquo...View More

Mere registration under different category insufficient to hold service was rendered under it; Quashes demand

CESTAT, Bangalore holds that if a service actually falls under works contract service, then mere registration under a different category and payment of service tax under that category would not be suf...View More

Sets-aside demand on waste/scrap generated during crude-oil manufacturing; Allows Vedanta's appeal

CESTAT Delhi sets-aside excise duty on clearance of waste/scrap generated by wear and tear of materials such as pipes, residuary portions of tubes/pipes upon cutting and fitting operations etc. during...View More

Allows CENVAT credit to Reliance Corporate IT Park on services used for setting-up premises

CESTAT Mumbai remarks that “services, used in relation to setting up of the premises are also services used for providing output service, as without the premises being set up, the service p...View More

Quashes extended-period demand on fixed-cost component collected from Advertising Agency, cites 'Revenue-Neutrality'

CESTAT Chennai quashes demand invoking extending limitation period on fixed cost component collected from advertising agency (AA) for sale of Free Commercial Time (FCT) by ass...View More

Haldiram not liable to service-tax on providing take-away food, premise-sharing with Associated Enterprise

CESTAT, New Delhi rules in Haldiram’s favour, holds that service-tax cannot be levied on the activity of take-away of food items as it would amount to sale and does not involve any element of se...View More