CESTAT Rulings


'Nestle Milky Bar/Eclairs' are not 'white-chocolates' but 'sugar-confectionery', allows concessional duty-benefit

CESTAT, Bangalore upholds classification of ‘Nestle Milky bar’ and ‘Nestle Milky bar Eclairs’ manufactured by Assessee under Tariff Entry 1704 as sugar confectionery (including...View More

Exemption notification not 'un-conditional'/‘absolute’, demand raised citing irregular credit availment unsustainable

CESTAT Kolkata sets-aside order raising duty amounting to 25 crores (approx.) on excisable goods (iron & steel products) used as spares for repair and maintenance of machinery installed at differe...View More

Absent 'representational right', provision of hardware/network access to cable-operators, not ‘franchise-service'

CESTAT rules that the services of providing hardware and network access to cable operators for enabling them to render cable operating services to home customers is not a ‘franchise’ servi...View More

Exercising an 'Option' a positive act which cannot be inferred, sets-aside demand

CESTAT Kolkata sets-aside order raising duty amount equal to 10% of the value of the exempted goods as confirmed under Rule 6(3)(i) of CENVAT Credit Rules (CCR); Refers to Telengana High Court’s...View More

Quashes demand on individual villas/residential unit under 'Construction of Residential Complex Service'

CESTAT Allahabad sets-aside service tax demand on construction of residential unit under “Construction of Residential Complex Service”; Notes that the construction activity taken up by ass...View More

Quashes demand against Mumbai-Port-Trust on retention made towards 'sovereign-function' discharge 

CESTAT quashes service tax demand on amount retained as recompense (3%) by Mumbai Port Trust towards discharge of sovereign function of collection of Octroi on entry of goods; Observes that collection...View More

Child-parts to manufacture 'Round-Recliner' classifiable as seat-parts, not as motor-vehicle parts/accessory

CESTAT Ahmedabad via video-conferencing holds that Child Parts imported from Japan which are assembled to manufacture 'Round Recliner' is classifiable under CETH 9401 90 00 of Customs Tariff Act as 'p...View More

Upholds demand on charges received for 'soya-bean-meal' storage, being separate from stevedoring services

CESTAT, Hyderabad holds that Assessee is not liable to pay Service Tax under 'Storage and Warehousing' on the service charges received by them for stevedoring/cargo handling, however, upholds demand a...View More

Mere transfer of money to agent outside India not evidentiary to rendering of taxable-service

CESTAT Mumbai observes that the commission or agency fee remitted to agents abroad for chartering out & handling of vessels outside India is exempt; Thus sets aside service tax liability of Rs. 2....View More

Rules on Aloe-vera & Amla juice/powder classification, wrong classification no ground to invoke extended-period

CESTAT Hyderabad rules on classification of Aloe vera juice & powder and amla juice & powder; Notes assessee’s argument that while Chapter Heading 13021919 deals with extracts and is a m...View More