CESTAT Rulings


Burdening SEZ-Unit with duties for minor procedural lapse will defeat scheme objective

CESTAT Ahmedabad upholds sanctioning of refund claim as well as condoning delay in filing by the Adjudicating Authority on finding that under any circumstances the SEZ Unit (Assessee) should not be bu...View More

Reimbursable expenses collected from clients not taxable, however, tax collected to be deposited

Hyderabad CESTAT sets-aside service tax demand on reimbursable expenses collected from clients,finds that "service tax has to be levied only for consideration received for service" refers to SC ruling...View More

50% capital credit availed by service-provider at changed business location 'legal and correct'

CESTAT, Ahmedabad holds that Assessee (a service provider) taking CENVAT credit of 50% on capital goods at Surat on account of change in office location from Mumbai is "absolutely legal and correct", ...View More

Condemns Revenue's failure to distinguish tax non-payment under unavoidable circumstances from mala-fide intent

CESTAT Delhi reproaches Revenue for its failure to distinguish “the nonpayment of tax for the reasons beyond the control of the assessee from the situation where the assessee has failed to depos...View More

Mere land procurement and getting necessary approval doesn't create service-tax liability

CESTAT Bangalore holds that mere procurement of land from the farmers and getting necessary approval from the government authorities will not create a tax liability under the taxable category of &ldqu...View More

Gear components imported by Hero-Motorcorp classifiable under heading 8483, not residuary description

Mumbai CESTAT sets-aside Revenue’s re-classification of imported goods used in manufacture of components and systems for assembly in ‘motorcycles’ under residuary description of head...View More

Permits ‘Green Peas’ re-export however denies demurrage charges waiver certificate

Hyderabad CESTAT allows assessee’s appeal in part, modifies order to the extent of allowing the assessee (importer) to re-export goods (Green Peas) on payment of redemption fine to the tune of R...View More

Just as liability to service-tax continues post GST, right to avail credit also protected

CESTAT Chennai allows refund of CENVAT credit in cash pertaining to service tax paid in March 2019 on services received from the foreign service provider (software import) in pre-GST era; Rules that &...View More

Tax-paid under RCM on ocean-freight pursuant to audit-objection creditable, refundable post GST

CESTAT Delhi holds assessee eligible to CENVAT credit of service tax paid under Reverse Charge Mechanism (RCM) on ocean freight in pursuant to audit objection; Thereby allows refund of same “und...View More

Advance Authorization benefit not deniable for mere misdeclaration when goods usage for exports undisputed

CESTAT Ahmedabad sets-aside order denying benefit of Advance Authorization to Assessee on ground of misdeclaration of imported goods given the undisputed fact of use for manufacture of export goods; H...View More