CESTAT Rulings


Dept. cannot recover duty already refunded where order attained ‘finality’; SCN lacks jurisdiction 

CESTAT Delhi sets-aside show cause notice seeking recovery of duty refunded to assessee (tyre manufacturer) on finding that where an order u/s 11B of the Act attains finality, refund allowed would be ...View More

Excess-duty erroneously paid on sales evidenced by CA-certificate not hit by 'unjust-enrichment'

CESTAT Kolkata sets-aside order rejecting refund of excess central excise duty on ground of unjust enrichment, finds that fact apropos double payment of duty has not been disputed either by the Adjudi...View More

Engineering work undertaken as per contractor's drawing, tools a job-work, not ‘manpower-supply’ 

CESTAT Ahmedabad clarifies that “there is no activity of providing the service of Manpower Recruitment or Supply Agency Service” (MRS Service) while undertaking engineering works as per dr...View More

Denies refund on goods subject to NIL duty, cleared for export without bond/LUT 

CESTAT Delhi rejects refund of CENVAT credit of duty paid on imports used in manufacture of goods (Quartz powder & Grits & Marble powder) chargeable to NIL rate of duty and cleared for export ...View More

Second-hand furniture imported as part of ‘stainless steel tube manufacturing plant’ qualifies as Capital Goods

CESTAT Ahmedabad holds that second hand furniture/equipment imported as part of complete stainless steel tube manufacturing plant, qualifies as “capital goods”, quashes confiscation order ...View More

Sets-aside Adjudicating Authority’s ‘non-speaking’ order passed without considering ‘technical arguments’ 

CESTAT Chennai sets-aside the order of Adjudicating Authority confiscating certain empty cans used for packing refrigerant gases (for re-filling purposes) on account of non-consideration of ‘tec...View More

Works-contract services undertaken for erection of electricity transmission lines exempt

Chandigarh CESTAT rules that assessee is entitled to exemption on services provided for rendering transmission of electricity under contract with Electricity Distribution Authorities (EDAs); Asse...View More

Works-contract for ‘compound-wall’ erection not ‘Security-Agency Service’; Quashes demand based on hierarchical assumptions

CESTAT, Mumbai condemns Revenue’s stance of including Assessee’s activity of sub-contracting the work of ‘construction of compound wall/fencing as well as development and m...View More

Service-provider holding central-registration not required to register each office/premise claiming refund 

CESTAT Delhi holds that there is no requirement for a service provider (assessee), exporting services to its group companies located outside India and holding a central registration to get registratio...View More

Upholds Data/Video Projectors classification as 'Automatic data processing machine' both pre and post 2017

CESTAT, New Delhi holds that “Data projectors”/"Video projectors" imported by the Assessee are classifiable under Heading 8528 62 00 as they satisfy the description of goods in e...View More