CESTAT Rulings


Circular cannot modify scope of Exemption Notification; Extends exemption on study-material provided by Coaching-Institute 

CESTAT, New Delhi quashes the order denying the benefit of exemption on spiral bound study materials without printed MRP provided by the Coaching Centre, holds that, “the circular by the CBEC ca...View More

Reliance Industries entitled to interest on delayed refund of excess 'CENVAT credit reversal' 

CESTAT Ahmedabad holds assessee (Reliance Industries) entitled to interest on refund claim of CENVAT credit which was reversed in excess to the actual reversal required in terms of Rule 6(3) of CENVAT...View More

Remands matter for re-computation of reversal amount considering ‘input services’ credit segregation

CESTAT Mumbai sends matter back to original authority for re-computation, directing assessee to furnish accountal of credit taken on ‘input service’ to which the ratio in formula is to be ...View More

Expenditure for CSR activities improves Company’s image, essential for smooth-operation, entitled for ITC 

CESTAT Mumbai sets aside order demanding duty, interest and penalty against input service availed by assessee- company towards fulfilment of Corporate Social Responsibility (CSR) activity; Rules that ...View More

Religious use includes providing education and medical-aid, which reduces 'human-suffering' 

CESTAT Delhi rules that works-contract service in relation to construction of school and hospital buildings owned by charitable institution/trusts registered u/s 12A/12AA of Income Tax Act is “e...View More

Design-engineering, site-run cost not includible in value of goods imported under same contract/AWB

CESTAT, New Delhi holds that cost of design engineering and site run is not includible in assessable value (AV) of Fermenter and Control Panel Assembly imported by vaccine manufacturer even though bot...View More

Citing no service of ‘notice’ fastening tax-liability under “healthcare-service” category, dismisses Revenue's appeal 

CESTAT Delhi rejects Revenue’s appeal, finds that, the tax liability under ‘healthcare services’ cannot be fastened on the assessee (Respondent) “at all because no notice has e...View More

Duty-demand unsustainable on beverage bottles broken during storage and handling

CESTAT Mumbai sets-aside order seeking excise-duty recovery on breakage of glass bottles which have been treated by assessee, a manufacturer in aerated water industry as ‘scrap’ finds the ...View More

Allows credit on sale-agent’s commission pre-2011; Amendment in "Input-service" definition applies retrospectively 

CESTAT, Mumbai holds Assessee eligible to avail CENVAT credit for tax paid on sale-commission paid to both Indian and overseas agents for the period between April, 2013 and August, 2015; Perusing the ...View More

Wheeling/cross-subsidy charges related/ancillary to electricity transmission/distribution, exempt

CESTAT, Hyderabad holds that activities related/ancillary to transmission and distribution of electricity would be exempt from payment of service-tax being bundled services, treatable as a provision o...View More