CESTAT Rulings


Refund-claims of different quarters cannot be clubbed at appellate-stage for reckoning limitation 

CESTAT Chennai rules that “Tribunal at appellate stage cannot club the refund claims of different quarters and then consider the period of limitation”, thereby dispels assessee’s not...View More

Services provided in J&K not 'exempted’; Credit reversal demand unsustainable 

CESTAT Ahmedabad drops demand towards credit reversal on input services of “Erection, Commissioning and Installation Services” provided by Assessee to National Hydroelectric Power Corporat...View More

No credit-reversal required on general provisioning in books not attributable to any particular asset/inventory 

CESTAT Delhi holds that reversal of credit under Rule 3(5B) of CENVAT Credit Rules, 2004 (CCR) is not required in case of making a general provision in the books of account for slow-moving/non-moving ...View More

Works contract service received by JSW Steel for new Plant taxable as 'Original Work' 

CESTAT Mumbai classifies ‘works contract’ service received by JSW Steel as new construction, more particularly, as ‘Original Works’; Examining each and every work order as agai...View More

Commissioner from centralised registration lacks jurisdiction to raise demand on assessee’s activities in separate state 

CESTAT Delhi quashes demand raised by Principal Commissioner Service Tax, New Delhi on activities of assessee in Rajasthan and Chandigarh where they were separately registered; Observing that assessee...View More

Reckons exempt, not intermediate-goods value for CENVAT-reversal; Distortion created by formula inconsequential

CESTAT Delhi approves reversal of CENVAT credit by ‘manufacturer of urea’ (assessee) by reckoning value of ‘urea’ removed (as heavily subsidized by Notification No. 12/201...View More

No service tax on ‘canteen services’ provided by “outdoor caterer” to factory employees 

CESTAT Ahmedabad holds assessee providing “Outdoor Catering Services” to factories beneficiary of service tax exemption as per Mega Exemption Notification, resultantly exempt from pay...View More

Judicial propriety requires non-discriminatory application of classification; Extends concession to Lenovo-India on ‘hard-disk drive’ 

CESTAT Mumbai sets aside differential customs duty demand on import of ‘external/portable ‘hard disk drive’ of several makes and models by assessee (Lenovo India), cites settled law ...View More

Incomplete Debit Note cannot be considered as document for CENVAT Credit claim; Upholds refund rejection order

CESTAT, Chennai rules that debit note, which is incomplete, cannot be considered as a document specified in Rule 9 of CCR for claiming CENVAT Credit, upholds order rejecting refund claim; Notes that A...View More

Quashes duty demand on “Fire Sprinklers”; Reliance by Dept. upon CBIC-circular ‘misconceived’ 

CESTAT Delhi dismisses Revenue’s appeal against the Appellate Authority’s order quashing differential duty demand on ‘fire sprinklers’ imported as part of ‘fire protectio...View More