CESTAT Rulings


No penalty on CHA for goods mis-declaration in B/E absent any wrongful intent 

CESTAT sets aside the penalty on Customs House Agent (CHA) & its employees absent any evidence adduced by Department as an evidence in support of the allegation of prior knowledge regarding mis-de...View More

Quashes demand under 'construction service' for work undertaken at Common Wealth Games Village 

CESTAT Delhi quashes demand of service tax along-with interest and penalty on activity of construction and development of residential facility for athletes at Commonwealth Games Village under definiti...View More

No ST on Managing Director's commission assessed as 'salary' by Income-tax authorities

CESTAT holds that no service tax is applicable on commission earned by Managing Director in respect of services provided for sales promotion; Noting that the Income Tax Authorities assessed ...View More

Dismisses Revenue's 'unjust-enrichment' allegation for mere booking of 'Excise-Duty' as expense in P&L

Delhi CESTAT upholds the order of Commissioner (Appeals) sanctioning the refund claim of excess CVD paid on import of mobile phones ‘under protest’; Notes assessee’s plea that, while...View More

Condemns Commissioner (A) for obviating legal lacuna, remands matter for SEZ's refund claim verification

CESTAT remands the matter back to Original Adjudicating Authority for taking a fresh call on time barred issue w.r.t. refund claim filed by SEZ unit under Notification No. 12/2013-ST dated July 01, 20...View More

Disallows exemption claimed as "independent texturizer" finding bifurcation of 'unit' a 'colourable instrument'

CESTAT disallows the benefit of exemption under Notification No 6/2000-CE holding that assessee do not qualify as an independent texturizer, finds that by bifurcation of existing unit for manufacture ...View More

Quashes service-tax demand on transfer of land to JV for setting-up 'power-plant'

Delhi CESTAT holds that no element of service is involved while transferring the land acquired from Govt. of Rajasthan (GoR) and leased to the Joint Venture (JV) company, for setting up of the power p...View More

No Service-tax on 'Notice-pay' recovery by employer from employee under 'employment contract'

CESTAT quashes demand of service tax on part of the amount which assessee (employer) recovers out of the salary paid to the employee in case of breach of the contract of total term of employment; Note...View More

No service element in joint-venture agreement absent service provider & receiver relationship 

CESTAT dismisses Revenue’s appeal, sets-aside demand under ‘support services of business or commerce’, defined u/s 65(104c) of Finance Act, 1994 w.r.t. joint venture (JV) agreement; ...View More

Quashes demand on 'transportation' under C&F services where distinct agreement entered for GTA

Delhi CESTAT allows assessee’s appeal, quashes SCN requiring inclusion of value of transportation service in Clearing and Forwarding (C&F) Agent service noting that separate agreements ...View More