CESTAT Rulings


Mere omission does not tantamount to ‘suppression’ where facts are known to both parties 

CESTAT Delhi in a batch of appeals quashes order imposing service tax on commission income under ‘Business Auxiliary Service’ (BAS) by invoking extended limitation period. cites absence of...View More

'Router-Line-Cards' not ‘communication-apparatus’, but "parts"; Lays test for classification as component 

CESTAT Delhi rules that Router Line Cards (RLC) imported by Vodafone Idea (assessee) are “parts” of Routers and not ‘other communication apparatus’ under Heading 85.17; Infers ...View More

Surrender/foreclosure-amount retained by ICICI-Prudential not taxable; Affirms tax/penalty on “Policy-reinstatement-charges” 

CESTAT Mumbai sets-aside demand alongwith penalties on ‘surrender charge’ and ‘foreclosure charge’ retained by ICICI Prudential (assessee) from policy holder in respect of disc...View More

Dismisses appeal for being ‘abated’ from date of resolution-plan approval by NCLT under IBC 

CESTAT Mumbai disposes appeals of assessee on finding that same have abated with effect from the date of approval of resolution plan (RP) by NCLT; Thus, Tribunal observes that from the date of approva...View More

Quashes levy on off-shore Engineering & Technical services executed as part of turnkey EPC-contract 

CESTAT Delhi quashes order imposing service tax on off-shore Engineering and Technical services treating it as an independent contract upon observing that terms of all the contracts entered by Assesse...View More

Citing limitation, rejects refund of service-tax paid mistakenly on 'export of service'

CESTAT Mumbai upholds rejection of refund claim of service tax paid mistakenly for the reason that assessee filed refund claim beyond time limit of one year provided u/s 11B of Central Excise Act, 194...View More

Shifting water- pipelines to enable Delhi-Metro project not adjunct to 'civil work'; Sets-aside demand 

CESTAT Delhi quashes demand on shifting Delhi Jal Board (DJB) water pipelines to enable Delhi Metro Rail Corporation (DMRC) to lay metro rail network; Refers to Madras HC decision in Indian Hume Pipes...View More

Advises CBIC to issue guidelines on adjudicating dues of Companies under IBC; Renders Ultratech’s appeal as 'infructuous' 

CESTAT, Ahmedabad disposes Ultra Tech’s appeal, holds the same “as infructuous” while observing that it cannot decide finally whether the adjudged amount can be recovered by the Depa...View More

Allows refund of accumulated credit against CVD/SAD paid under GST regime

CESTAT Mumbai holds assessee eligible to refund in cash of CVD and SAD paid after appointed date for GST implementation in respect of bill of entry filed during the pre-GST regime, cites “clear ...View More

Refund directly to customers who are not claimants against statutory provision,Junks assessee's request 

CESTAT Hyderabad refutes the very request of assessee for refund to its customers of service tax paid and undisputedly collected from customers, finds that same “is against the statutory provisi...View More