CESTAT Rulings


Drops demand on construction of ‘residential houses’ being individual houses; Sustains exemption 

CESTAT Chennai upholds exemption on construction of residential houses not falling within the definition of ‘residential complex’ as defined u/s-65(91a) of the Finance Act, 1994 for the pe...View More

Land conversion charges paid to RIICO not taxable; Allows refund u/s 104 of Finance Act 

CESTAT Delhi rejects Revenue's appeal against original order granting service tax refund to 100% EOU (Assessee) u/s 104 of Finance Act, 1994 for land conversion charges (industrial to commercial) paid...View More

‘Assembly Front’ for manufacturing mobile phones qualifies for duty-exemption as ‘Display Assembly’ 

CESTAT Delhi allows Samsung’s appeal challenging denial of exemption benefit on import of ‘Mechanical Electrical Assembly Front’, holding that Assembly Front used in the manufacture ...View More

Upholds demand on manpower supply by cooperative society to ONGC

CESTAT Hyderabad upholds demand of service tax on ‘Manpower Recruitment or Supply Agency Service’ (MRSAS) rendered by a cooperative society (Assessee) to ONGC; Notes that the Ass...View More

Transitional provisions of GST have contingencies allowing cash-refund of  CVD/SAD

CESTAT Mumbai holds that the transitional provisions u/s 142 of the CGST Act, 2017 have contingencies which provides for cash refund of CENVAT-credit of CVD and SAD,...View More

Transitional provisions of GST have contingencies allowing cash-refund of  CVD/SAD

CESTAT Mumbai holds that the transitional provisions u/s 142 of the CGST Act, 2017 have contingencies which provides for cash refund of CENVAT-credit of CVD and SAD,...View More

Quashes service tax demand on booking of flats, mutual fund agent commission, legal expenses 

CESTAT Allahabad quashes demand of service tax on amount of advances received from prospective buyers (i.e. booking amount) under the head ‘Construction of Residential Complex’; Examining ...View More

Remands for de-novo adjudication to consider issues pertaining to abatement and cum-duty benefits; Allows appeal 

CESTAT Chennai allows Assessee’s appeal remanding the matter to the adjudicating authority for re-consideration on the issue of claiming partial exemption in respect of services provided to educ...View More

Sets-aside order passed without considering Assessee’s cross-objections; Drops demand 

CESTAT Chennai allows appeal filed by the Assessee setting aside the order passed by Commissioner (Appeals) that failed to consider the cross-objections filed by the Assessee against Revenue’s a...View More

Liquidated damages/penalty collected from vendors for contract breach, not taxable as ‘declared service’ 

CESTAT Ahmedabad holds that liquidated damages/ penalty collected from vendors.suppliers for breach of contract, does not come under the purview of declared service as defined u/s 66E (e) of the Finan...View More