CESTAT Rulings


Toll-collection for NHAI, on Principal-to-Principal basis, not taxable as 'Business Auxillary Service'

CESTAT, New Delhi rules that collection of ‘User Fee’/‘Toll’ on National Highways by Assessee cannot be categorised as an activity of providing ‘Business Auxillary servic...View More

ECIS-service used for expansion, renovation & modernization of existing petroleum plant, CENVATable

CESTAT Ahmedabad allows credit to Reliance Industries on Erection, Commission, Installation Services (ECIS) and Works Contract Service (WCS) availed from various contractors/service providers for mode...View More

Quashes extended period demand on cigarette samples removed for quality control tests

CESTAT Kolkata rules that the demand of duty in respect of cigarettes cleared for testing purposes for the period March 1, 1983 to December 27, 1990 is sustainable “only in respect of normal per...View More

Hero MotoCorp Chairman not 'beneficial owner' of foreign currency seized from travel co-ordinator

CESTAT Delhi holds that Chairman, CEO & MD (Pawan Munjal) of Hero MotoCorp Ltd. (HMC) is not a “beneficial owner” of seized foreign currency, absolves him of penalt...View More

No duty on 'Carbon Dioxide' produced during Beer manufacturing and consumed captively

CESTAT, New Delhi quashes duty demand on Carbon Dioxide (CD) which arose inevitably as a consequence of manufacturing “Beer” (non-excisable under Central Excise Act but excisable under Raj...View More

Upholds denial of Education Cess credit on procurements from 100% EOU

CESTAT Mumbai affirms Adjudicating Authority’s order which held that in case of inputs procurement by domestic manufacturer from EOUs, availment of CENVAT credit&nb...View More

Legal-consultancy services availed by Lehman Brother for winding-up doesn’t prove ‘business entity’ existence

CESTAT Mumbai allows Lehman Brothers Securities (assessee) to claim refund of service tax paid by them ‘under protest’ under Reverse Charge Mechanism (RCM)&nb...View More

CENVAT credit a vested right; Allows refund of 'Education Cess' balance post GST

CESTAT Delhi holds manufacturer of clinker and cement “clearly entitled” to refund of  balance amount of credit on Education Cess (EC) and Secondary and Higher Education Ces...View More

Denying conversion benefit of shipping bills to advance license SBs, 'clearly unacceptable'

CESTAT, Bangalore holds denial of benefit of conversion of shipping bills (SBs) to Advance License (AL) SBs as “clearly unacceptable and not in terms of spirits of Section 149”;&...View More

Allows refund of service-tax paid on upfront amount on long term industrial land lease

CESTAT Bangalore sets-aside refund rejection of service tax paid on upfront amount on long term lease of industrial lands taken from Kerala Industrial Infrastructure Development Corporation (KINF...View More