CESTAT Rulings


Allows credit on services availed for hotel construction; Sets-aside demand on withholding-tax

CESTAT Hyderabad sets-aside demand on “withholding tax” paid to Income Tax department in respect of payment to foreign service providers by Assessee, constructing a seven star hotel; Furth...View More

Compensation received by Port service-provider for making good financial-damages/injury not ‘taxable’

CESTAT Hyderabad quashes service-tax demand on ‘liquidated damages/compensation charges’ received by ‘Port service provider’ (assessee) from service recipient (importer) toward...View More

Statutory compensation received by Jindal Steel for cancelled coal-blocks not ‘consideration to tolerate’

CESTAT Kolkata rules that, no service-tax can be levied on statutory compensation received by Jindal Steels (Assessee) under Coal Mines (Special Provisions) Act, 2015 (CMSPA) for cancellation of alloc...View More

Quashes order denying CENVAT credit under Business Transfer Agreement, cites due compliance with Rule 10

CESTAT, Bangalore quashes Order denying CENVAT credit benefit transferred to the Assessee under Business Transfer Agreement, holds that the Assessee has duly complied with the requirements of Rule 10 ...View More

Raw/Packaging material used for testing medicaments qualify as ‘inputs"

CESTAT Ahmedabad rules that CENVAT credit is available in respect of inputs and packing material used in manufacture of medicament which is used for testing/quality purpose and destroyed thereafter; D...View More

Assessee not liable to service tax, follows SC dictum in L&T case

CESTAT, Hyderabad holds that Assessee is not liable to pay Service tax during the relevant period i.e. from April 2005 to March 2007, follows the decision of the Hon’ble Supreme Court in CCE vs....View More

Insurance-premium paid for mediclaim of employee's opting for Voluntary Separation an ‘input-service’

CESTAT (Larger Bench) allows Reliance Industries (Assessee) to avail CENVAT credit of the service tax paid on insurance premium for availing mediclaim facility for employees who opted for ‘Volun...View More

Declared classification prevails by default; Description of 'boats' in BoE cannot be faulted

CESTAT, Mumbai while presiding over dispute over classification pertaining to vessels declared as ‘Excursion Boat’ reiterates that, declared classification prevails by default and “d...View More

Provision of unjust enrichment for refund inapplicable to cases of finalization of provisional assessment

CESTAT, Ahmedabad holds that the provisions of Section 11B of the Central Excise Act would not govern the grant of refund claims arising on account of finalization of provisional assessment under Rule...View More

Upholds penalty for incorrectly valuing products to RP, cites bar of 100% refund to N-E manufacturers

CESTAT Kolkata, on remand by Meghalaya HC, reverses its earlier order to  restore the penalty imposed by the original order on the assessee for incorrectly valuing its final products cleared to r...View More