CESTAT Rulings


Provision of back-office & IT support by Macquarie to group entities not 'Intermediary service'

CESTAT Chandigarh holds that Assessee is not an ‘Intermediary' while providing data processing, back-office and IT enabled support services to various Macquarie Group entities worldwide and...View More

Inclusion of turnover of Assessee's manufacturing unit being ISD, for determining reversal amount, appropriate

CESTAT, Bangalore on observing that for activities in Puducherry manufacturing unit of Assessee, centralized service tax registration is applicable, which is as a service provider as well as an input ...View More

Reversal of proportionate CENVAT-credit attributable to wheeled-out electricity sufficient to meet manufacturer’s obligation

CESTAT Hyderabad holds that reversal of proportionate CENVAT credit under Rule 6(3A) of CENVAT Credit Rules, 2004, attributable to electricity wheeled out (exempted goods) by a manufacturer having a c...View More

Exemption Notification comes into force from 'publication date’, allows differential duty refund

CESTAT Ahmedabad allows refund of differential duty to Indian Oil Corporation Ltd. (assessee) being the difference between the higher duty paid on enhanced rate of petrol and diesel and lowe...View More

Companies registered Independently in respective countries not 'establishments outside India'; allows export status

CESTAT Ahmedabad holds that services provided by assessee to independent companies registered/located outside India (service recipients) are export of services under Rule 6A of Service Tax Rules, 1994...View More

12% interest leviable on refund of pre-deposit from deposit date to refund date

CESTAT Delhi finds that 12% interest on refund of pre-deposit is leviable from the date of deposit till the date of refund u/s 35FF of Central Excise Act, 1944; Notes that after the first round of lit...View More

Sets-aside demand based on third-party statements; Cross-examination most relevant ‘justice delivery’ tool

CESTAT New Delhi sets-aside order passed relying only upon ‘third party evidence’ for an alleged improper CENVAT Credit availment on the strength of fake invoices issued; Asserts that &ldq...View More

Quashes demand in denovo proceedings owing to ‘purposeless’ adoption of shortage-inputs calculation

CESTAT Chennai sets aside demand confirmed in regard to Cold Twisted Deformed (CTD) bars supplied by assessee (manufacturer) to M/s MMS Steels Dindigul (MMSD) in denovo adjudication by the Commissione...View More

Importer can claim SAD refund even though paid by duty credit scrips

CESTAT Mumbai finds that benefit of SAD refund arising out of Notification No. 102/2007-CUS (as amended) cannot be denied when the duty amount is paid through DEPB/FPS Scripts; Setting aside the ...View More

Absent challenge to 'Cess refund' sanction, Authority duty-bound to implement final order

CESTAT Chandigarh directs Adjudicating Authority (AA) to implement orders passed by CESTAT in earlier round of litigation whereby refund claim for education cess and higher education cess were allowed...View More