CESTAT Rulings


Allows seized goods release; Finds condition imposed in provisional-order as "arbitrary, excessive" 

CESTAT Ahmedabad allows provisional release (PR) of goods on finding assessee at a better footing for its willingness to pay the entire duty of BCD and IGST which is over 25 crores on goods (Copper Ca...View More

Order merging different services of Assessee under single-head, travels beyond SCN, bad-in-law 

CESTAT New Delhi holds that Adjudicating Authority has travelled beyond the scope of SCN and “order is bad on this score alone” where demand in the SCN was proposed under ‘Cargo Hand...View More

Allows CENVAT-credit on outward freight where point of sale is consumer’s doorsteps 

CESTAT Delhi allows credit of service-tax paid on outward freight where the place of removal in case of delivery of goods on FOR basis is the door step of the consumer; Notes that, Revenue relied on S...View More

Applying ‘User-Test’ principle, HC-dicta, allows credit on steel-items used for setting sponge iron-kiln

CESTAT Kolkata finds that reliance placed by Commissioner (Appeal) on Larger Bench decision in Vandana Global to disallow a portion of the credit on steel items “cannot be sustained in...View More

Adjudicating Authority criticising Tribunal’s remand-order breaches 'quasi-judicial discipline'; Quashes confiscation 

CESTAT Mumbai raps Adjudicating Authority (AA) for breach of quasi-judicial discipline for criticising the conclusions of Tribunal's remand order and not following the directions contained therein whi...View More

Upholds classification of Room Air Conditioners, City Multi Variable Refrigerant Flow System under HSN 84151010 

CESTAT, Mumbai rules that classification of room air conditioners (RAC) and City Multi Variable Refrigerant Flow System (CMVRF) as claimed by the Assessee under HSN 84151010 a...View More

Assessee entitled to exemption on intermediate product, used to manufacture exempted final product

CESTAT Ahmedabad holds that show cause notice demanding duty from assessee on goods manufactured by job worker cannot be sustained; Notes that - (i) the assessee is engaged in manufacture of Bras...View More

Storage by CFS incidental to 'Cargo handling' and not 'Storage and Warehousing' service

CESTAT Ahmedabad quashes order demanding service-tax under "Storage and Warehousing services" (SWS), from assessee providing container freight station services (CFS), rejects Revenue’s argument ...View More

'Module Mounting Structures' not part of 'Solar Power Generating System', denies exemption 

CESTAT, New Delhi denies exemption to ‘module mounting structures’ manufactured by Assessee, supplied to solar power water pumping systems suppliers for irrigating agriculture fields, unde...View More

Clandestine-removal, a serious charge, cannot be established merely basis third-party records/statements

CESTAT Ahmedabad rules that, “Mere entries in third parties’ records of Transporters and brokers cannot be basis for clandestine removal”, sets-aside duty demand confirmed basis thir...View More