CESTAT Rulings


Upholds refund-denial due to non-compliance with debit condition specified in Rule 5; Dismisses appeal 

CESTAT Mumbai upholds order-in-appeal truncating assessee’s eligibility to claim refund of service tax paid on ‘export of service’ to overseas clients, based on finding that, non-com...View More

Quashes demand on exempted by-products arising during sugar manufacture; Stresses on officer's periodical training

CESTAT Mumbai sets-aside demand of 5% or 6% on sale value of exempted waste/by-products generated during sugar/molasse manufacture (Press mud & Boiler Ash) as per amended Rule 6(3) ...View More

Freight-cost of liquid carbon-dioxide separately charged to buyer not includible in ‘assessable-value’ 

CESTAT New Delhi holds that freight cost separately charged in the invoices are not includible in assessable value of liquid carbon dioxide (CO2) sold at the time of clearance from factory, relies hea...View More

Service-Provider eligible for credit on capital goods procured before registration; Remands matter 

CESTAT, Mumbai sets-aside order holding service provider (assessee) ineligible for credit on capital goods i.e. tippers where assessee sought registration on Oct 3, 2008 under mining service (made tax...View More

No jurisdiction with customs authorities to seize open-market goods; Sets-aside confiscation 

CESTAT Delhi upon noticing that matter pertains to “town seizure”, sets-aside confiscation and penalty imposed alleging smuggling in contravention of the various restrictions/prohibitions ...View More

Confirms demand where fraudulentlicences/scrips used to clear goods despite importer’s non-involvement 

CESTAT, New Delhi upholds duty liability and consequent penalty against an importer invoking extended period of limitation where fake/forged licences/scrips were used to clear goods, remarks, "fraud v...View More

Interest component of pre-deposit not adjusted till SVLDRS stage 'refundable' 

CESTAT Delhi allows refund of interest component of pre-deposit which was not deducted till stages of SVLDRS Form No. 2 and SVLDRS Form No. 3; Adjudicating Authority rejected the refund claim on the g...View More

Limitation prescribed u/s 11B not applicable to refund of service tax paid under mistake 

CESTAT Kolkata allows refund of service tax paid on warehousing services which was wrongly deposited, rules that “Section 11B would not be a bar for the assessee to claim refund of tax paid unde...View More

Directs refund of CENVAT-credit accumulated on exports during excise-regime; Considers debit/reversal under GST

CESTAT Delhi allows refund of CENVAT credit accumulated on clearance of excisable goods for export during the erstwhile excise regime; Notes that assessee’s (manufacturer of Sheet Metal Com...View More

Conducting educational colloquiums to inspire distributors for Amway Products-promotion not "Commercial Training and Coaching Services" 

CESTAT, Mumbai holds that conducting educational colloquiums (seminars) to inspire distributors as well as prospective distributors to work for promotion of Amway products is not taxable as ...View More