CESTAT Rulings


Wipro eligible to exemption on diversified products manufactured in same unit by adding new machines

CESTAT, Chandigarh opines that adding new machines has only resulted in diversification of production capacity  by Wipro (assessee), while old products continued to be manufac...View More

No 'Intermediary-Service’ by ‘Blackrock’ in developing interface for investment-managers to undertake portfolio-management 

CESTAT Chandigarh sets-aside orders of lower forum rejecting refund claim of BlackRock Services India Pvt Ltd. (an 100% EOU) arising from service rendered to US based client relating to development of...View More

Spare parts' imported for interceptor boats used by Coast Guard exempt from customs duty

CESTAT Ahmedabad holds that the supply of imported ‘B&D spare parts’ for 'interceptor boats' used by Indian Coast Guard for the security of coastal borders are exempt from customs duty...View More

Quashes duty confirmed as GTA without basic-inquiry of arrangement with Nepal-trader for transport-facilitation 

CESTAT, Allahabad holds that it is not established that Assessee’s activity of facilitating transportation of goods to Nepal by engaging own trucks or other truck operators falls under ‘Go...View More

Adopting different stand on classification in different Commisionerates negates purpose of Tariff Act

CESTAT Mumbai affirms the order of Commissioner (A), Mumbai classifying Small Factor Pluggable (SFP) imported by Reliance Jio (Assessee) as part of telecommunications equipment like Ethernet Switch, P...View More

No tax-evasion in classifying construction-service under wrong head; Demand under WCS time-barred

CESTAT, New Delhi rules that the Assessee was bound to classify its construction services under works contract services after June 01, 2007, however holds that, although Revenue is correct on merits, ...View More

Absent 'clinching evidence' demonstrating involvement in selling forged licenses, quashes penalty

CESTAT Ahmedabad absolves the assessee from penalty imposed u/s 112(a) & 114AA for alleged involvement in selling forged Duty Entitlement Pass Book (DEPB)/Vishesh Krishi and Gram Udyog Yojana (VKG...View More

Assessee’s acceptance of enhanced value no ground to bypass statutory mandate prescribed for reassessment 

CESTAT, Ahmedabad on noting that the orders upholding reassessment of Bills of Entry (BoE) by enhancing the value were passed without assigning any reasons for discarding the transaction value, remand...View More

LB resolves conflict; Extends exemption to NSOP aircraft operator rendering charter services

CESTAT Ahmedabad (LB) rules that aircraft operators importing aircrafts for non-scheduled (passenger) services (NSOP) in terms of permit granted by DGCA can use the same for providing non-sc...View More

Despite submission of ‘proof of export’, demand alleging ‘goods cleared in DTA’ unsustainable

CESTAT Mumbai finds no merit in demand raised on EOU (assessee) where despite submission of proof of export, Customs authorities have treated the goods cleared for exports as goods cleared in DTA; Not...View More