CESTAT Rulings


Wagon leased to Railways a ‘Deemed Sale’, not taxable as 'Supply of Tangible Goods'

CESTAT allows assessee’s appeal, holds that lease of Wagons to Railways under ‘own your wagon scheme’ constitutes a ‘Deemed Sale’, not taxable under ‘Supply of Tang...View More

Transporting/Shifting crushed ores within mining area not taxable as ‘Cargo handling services’

Delhi CESTAT holds that transportation of ores situated at different locations within the mining area would not fall within the definition of “Cargo Handling services” (CHS); Perusing work...View More

Upholds CENVAT denial where invoices were beyond 6 months of crossing SSI threshold limit

CESTAT disallows CENVAT credit benefit under Rule 4 (1) of CENVAT Credit Rules, 2004 (CCR) to SSI unit that enjoyed exemption under Notification No. 8/2003-CE and intended to avail SAD credit on impor...View More

Allows rebate on services utilized for export, remands matter for limitation period computation

CESTAT allows rebate claim of service tax paid on various input services utilized for export of cotton yarn under amended Notification No. 41/2012; Referring to ruling in assessee’s own case, re...View More

Interest received on brokerage fee, not towards 'banking' service, demand under Rule 6(3B) unwarranted

CESTAT holds that interest received by stock broker on late payment of brokerage charges or fee towards depository services is not taxable as “banking and other financial service”, consequ...View More

Quashes extended period demand on bakery products/biscuits absent evidence proving suppression

CESTAT quashes extended period demand along with penalty on bakery products, pastry, cakes and biscuits prepared and served in hotel/restaurant/retail outlet; Finds force in assessee’s plea that...View More

Allows CENVAT on staff quarter construction pre-2011, distinguishes SC's Maruti Suzuki ruling 

CESTAT allows CENVAT credit on ‘Construction service’ in relation to staff colony/quarter to a cotton yarn manufacturer, pre-2011; Notes assessee’s plea that construction of staff qu...View More

Quashes penalty for tax non-payment where levy introduced proximate to demand period

CESTAT sets aside penalty for non-payment of service tax under category of ‘Manpower Supply Service’ (MSS) observing that entire amount of service tax as demanded was paid along with inter...View More

10% payment under Rule 6(3) an 'option', cannot be 'forced' in lieu of 'reversal'

CESTAT finds forced demand at 10%/8% of sale price in terms of Rules 6(3) of CENVAT Credit Rules, 2004 (CCR) untenable where inputs were used both for taxable as well as exempt goods; Perusing Rule 6 ...View More

SAD amount non-inclusion under 'receivables' in import year not ground for refund denial 

CESTAT dismisses denial of assessee’s refund claim of Special Additional Duty (SAD) on import of ‘steel rails’ on the ground that amount was not included in ‘receivables’...View More