CESTAT Rulings


Demand 'unsustainable' on fresh mould manufactured by job-worker from old/used ones 

CESTAT Ahmedabad sets-aside demand of excise duty on C.I. mould manufactured on job-work basis from old/used moulds supplied by principal manufacturer under Notification No. 214/86 dated March 25, 198...View More

Construction/Works-Contract for re-carpeting of existing road in industrial estate an ‘input-service’

CESTAT, Ahmedabad allows CENVAT credit on construction and works contract service executed for the purpose of re-carpeting of existing road in industrial estate/factory as the same falls und...View More

Service of goods export from Indian Territory till loading in overseas vessel , not taxable 

CESTAT Mumbai dismisses Revenue’s attempt to tax recompense received by assessee from overseas parent entity to the extent attributable to carriage within India, sought to be taxed by recourse t...View More

VCES-application rejection bypassing time prescribed to act against false declaration unsustainable 

CESTAT Mumbai holds that "stipulation contained in Section 111(2) with a limitation period of one year to take action against any false declaration cannot be bypassed by the designated authority, sinc...View More

Toll-Collector not taxable as Commission-agent; Condemns Revenue's action of superficial determination 

CESTAT, Mumbai holds that there can be no controversy on the immunity from tax for the period after July 01, 2012, merely from transfer of responsibility for toll collection to the assessee; Notes tha...View More

GTA providing door-to-door service not 'courier agency service'; Upholds differential demand rejection

CESTAT Mumbai rules that owing to uncertain conformity with the definition of ‘courier agency’  u/s 65 (105) (f) of the Finance Act, the assessee, a Goods Transpor...View More

Upholds credit entitlement of Member bearing proportionate service expenditure, applies Calcutta Club ratio

CESTAT Ahmedabad rules that Member of Association who receives the service and bears expenditure alongwith the service tax is entitled for CENVAT credit even th...View More

Reclassification of imported Mineral Hydrocarbon Oil as Kerosene untenable, cites insufficient evidence

CESTAT, Mumbai quashes Revenue’s Order reclassifying Mineral Hydrocarbon Oil imported by Assessee as Superior Kerosene Oil, holds that the goods under impair a...View More

'4G' architecturally different from traditional telecom towers; Reliance Jio entitled to refund

CESTAT Mumbai observes that 4G telecom towers are “architecturally different from the traditional telecom towers” (3G/2G) and “No part of these towers are embedded in the e...View More

MRP based assessment inapplicable on 'industrial use' goods sold through channel partners

CESTAT, Bangalore rules that Air Circuit Breakers, MCCB and Switch Fuse unit for use in electrical switchboard, in packages having weight more than 25 kg are not chargeable to duty basis MRP u/s 4A of...View More