CESTAT Rulings


Defines franchisee framework, upholds liability on grant of ‘representational right’ outsourced from MSRTC

CESTAT, Mumbai upholds demand as provider of ‘franchisee service’ in terms of Section 65 (105)(zze) of Finance Act, 1994 for grant of ‘representational rights’ for providing co...View More

No service by INOX to distributors/producers for exhibiting films under 'revenue sharing arrangement'

CESTAT Hyderabad sets-aside demand against Inox under ‘business support services’ (BSS) with interest, penalty and instead holds that assessee has been granted the non-exclusive license to...View More

Sets-aside order of loading w.r.t. related-party imports sans appropriate proceedings by ‘proper-officer'

CESTAT Mumbai sets aside order by which loading value of imported goods (i.e. ‘Rexona antiperspirants’) sourced by HUL from Unilever Australia was re-determined at 20% without procedural o...View More

Tax-paid under RCM pursuant to audit does not tantamount to ‘arrear’ recovery post GST

CESTAT Chennai holds that the payment made by assessee (under reverse charge on foreign remittances) after being pointed out by Audit Officers “does not fall under recovery of arrears of tax by ...View More

No liability upon JV constituent for reimbursement charged towards employee cost to joint account

CESTAT Mumbai sets-aside demand relating to cost of employees and labour fastened on assessee operating under an unincorporated joint venture (JV) arrangement in respect of Tipti and Panna & Mukta...View More

Retrospective effect of exemption applicable on works executed for Goa State Industrial Development Corporation

CESTAT Mumbai holds that retrospective effect of exemption is applicable to electrical works executed and maintenance undertaken by Assessee for Goa State Industrial Development Corporation and Goa Me...View More

Allows exemption on twisted/dyed yarn manufactured from texturized yarn purchased in open-market

CESTAT Ahmedabad sets-aside demand on twisted yarn and dyed yarn made out of textured yarn purchased from the open market and not directly from the manufacturer; Holds that “the department could...View More

Compensation received by auto-part manufacturer due to contract cancellation liable to duty

CESTAT Delhi affirms liability against manufacturer of auto parts (assessee) on the amount of compensation received from Honda Siel Car India Ltd. (Honda India) for the loss suffered on account of the...View More

Quashes proceedings in SCN issued by Additional Director General, DRI; follows Canon

CESTAT Chandigarh holds that Additional Director General, DRI, Ludhiana is not a ‘proper Officer’ to issue Show Cause Notice u/s 28 (4) r/w Section 2 (34) of Customs Act, 1962; Whilst the ...View More

Citing judicial precedents, holds demand under RCM on GTA service 'void-ab-initio'; directs refund

CESTAT Delhi sets aside levy of service tax under reverse charge mechanism (RCM) on Goods Transport Operator Service (GTO), observes that the such levy on receiver of service under RCM was declared ul...View More