CESTAT Rulings


Builder eligible to CENVAT credit on 'passenger lift'

CESTAT Bangalore allows CENVAT credit on ‘passenger lifts’ as Capital Goods to assessee (Builder) engaged in construction of a complex, building, civil structure etc. which activity is dec...View More

Allows refund of unutilized 'Education-Cess credit' u/s 11B post GST; follows jurisdictional HC 'binding' precedent

CESTAT Bangalore allows refund of unutilized Education Cess (EC) and Secondary and Higher Education Cess (SHEC) accumulated in the books u/s 11B of Central Excise Act, post GST introduction; As these ...View More

Upholds BOE re-assessment as per lower rate applicable on budget presentation date

CESTAT, New Delhi upholds Commissioner (A) order which directed the Department to re-assess Bills of Entries (BoE) at pre-budget rate of Basic Customs Duty (BCD) applicable on the date on which Union ...View More

Commissioner cannot modify notification, grant proportionate exemption to Infrastructure service-provider to STP

CESTAT Chennai sets-aside order granting partial exemption to assessee, an Infrastructure Service Provider (ISP) to Software Technology Park (STP) by the Adjudicating Authority (AA) as per Notificatio...View More

Service by Cable-operator to subscribers not branded; Citing Blue-Star ratio, remands matter

CESTAT Chandigarh allows assessee, a cable operator the benefit of Exemption Notification No. 06/2005-ST dated March 01, 2005 and Notification No. 33/2012-ST dated June 20, 2012 available to small sca...View More

Construction for 'Govt. authority'/ 'Mandi Parishad' exempt; Liability calculation as per Form 26AS ‘patently wrong’

CESTAT Allahabad holds that there is no tax liability on the assessee in respect of various construction works done for government/statutory authority under Jawaharlal Nehru Urban Renewal Mission (JNN...View More

(LB) - Remand unwarranted where appellate authority rejected refund-claim citing limitation ground

CESTAT (LB), Mumbai by majority opinion upholds rejection of MODVAT refund claim on time-bar by Assistant Commissioner (AC); Notes that refund of unutilized balance of MODVAT to assessee (engaged in t...View More

Quashes penalty on ground of res-judicata, follows SC principles in Canon India

CESTAT Bangalore sets-aside penalty imposed u/s 114(i) of Customs Act, 1962 for alleged abetment of falsely signed invoices used for improper exportation, relying upon SC ratio in Canon India; Notes a...View More

Denies duty-refund coloured as pre-deposit refund, being hit by limitation

CESTAT Ahmedabad dismisses assessee’s appeal on finding that assessee has “consciously” chosen to pay entire duty, interest and 25% penalty to avail the benefit of waiver of 75% pena...View More

Sets-aside order demanding credit-reversal by 100% EOU; Dept. cannot adopt 'contrary view'

CESTAT Bangalore sets-aside order demanding reversal of CENVAT credit on Event Management, Outdoor Catering, Mandap or Shamiana Service and Rent-a-Cab service by Microsoft India’s 100% Export Or...View More