CESTAT Rulings


No service-tax on interest income accounted as incidental charges/risk-interest/interest on gold-loans

CESTAT Bangalore sets-aside demand on account of interest irrespective of their nomenclature i.e., incidental charges/risk interest/interest on gold loan, holds “as long as the consideration rec...View More

No branding involved in gold-coins supplied for distribution under 'welfare-scheme' or as 'incentive'

CESTAT Chennai holds that "as long as the goods are not sold by the customers of the appellant in the brand name which they are manufactured, the same cannot be held bearing brand name making them dut...View More

Sets-aside presumptive demand raised by clubbing clearance of independent manufacturer’s unit

CESTAT Ahmedabad quashes clubbing of clearances of existing manufacturer/co-entity with assessee in appeal, sets-aside duty demand, interest and penalties on being convinced of independent existence o...View More

Entitles metals-manufacturer to cash-refund post GST of inadvertently paid service-tax

CESTAT Delhi sets-aside rejection of refund claim by Revenue treating amount paid by assessee as tax amount on premise that invoices issued by them are inclusive of service-tax; Observes that services...View More

Mutually beneficial agreement cannot make parties related, reprimands Revenue for traversing beyond SCN

CESTAT Kolkata affirms valuation of goods supplied to other Oil Management Companies (OMCs) at transaction value [i.e. the Import Parity Price (IPP)], holds that merely entering into a mutually benefi...View More

SCN denying transition credit issued after 2 years without establishing evasion, hit by limitation

CESTAT Chennai holds that Assessee, a company under the Ministry of Defence (MoD) has certainly made out a strong case in its favour on limitation and succeeds on this count, despite inferring that As...View More

Relief to Bharti Infratel; Sets-aside demand on capital goods cleared as “scrap”

CESTAT Delhi sets-aside demand against Bharti Infratel (providing ‘infrastructural support services’ to telecom companies) raised under Rule 3 (5A) of CENVAT Credit Rules, 2004 (CCR) on ca...View More

Any compensation paid under contract not consideration; demand on notice-period recovery unsustainable

CESTAT Delhi sets-aside demand on notice-period pay received/recovered by assessee (employer) from employees for premature resignation; Rejects Revenue’s plea that assessee tolerated its em...View More

Provisional duty paid under protest not being ‘deposit’, Limitation, unjust-enrichment applicable thereto

CESTAT Ahmedabad dismisses assessee’s appeal, holds that payment of amount being 20% of provisional duty assessed is “duty” and not security deposit as claimed by assessee; However, ...View More

Failure to maintain record, uneven energy consumption, can’t be bedrock to allege 'clandestine-production'

CESTAT Mumbai sets aside a total demand of Rs. 3.01 crores (approx.) on manufacturer of ‘mild steel ingots’ (assessee) based on allegation of clandestine production; Notes that original or...View More