CESTAT Rulings


Penalty unsustainable on 100% EOU where closing stock inadvertently shown 'NIL' in return

CESTAT allows assessee’s appeal, sets aside penalty imposed under Rule 25 of Central Excise Rules, on 100% EOU where closing balance of finished goods were inadvertently shown as NIL in ER-2 ret...View More

Quashes Commissioner's order for non-observance of CESTAT's remand directions of allowing cross-examination

CESTAT sets aside order of Commissioner holding that assessee’s activity amounts to ‘deemed manufacture’ u/s 2(f)(iii) r/w Section 4A of the Central Excise Act, 1944 (Act), for non-g...View More

Extends credit on BAS of loading/unloading material/moulds for manufacture of castings

CESTAT allows credit on labour employed for loading/unloading and opening of shell moulds, to a manufacturer of CI casting of engine parts; Notes assessee’s plea that business auxiliary services...View More

Remands case, for determining taxability of ship overhaul, pre and post June 2007 

CESTAT remands case pertaining to determination of service tax liability pre and post June 2007 on activity of overhaul of ships (i.e. repair and maintenance of ships by replacing old, worn out steel ...View More

Maize sooji, a derivative of 'agricultural produce', exempt from GTA service

CESTAT allows refund of tax mistakenly paid under GTA service on transportation of goods i.e. maize sooji, under ‘reverse charge mechanism’, under Notification No. 25/2012-ST as amended vi...View More

‘Cement’ used in filling pits after ore extraction, a statutory pre-requisite, CENVATable 

CESTAT allows assessee’s appeal, extends credit on 'cement' used in mine for filling pits after ore extraction as 'input' u/s 2(k) of CENVAT Credit Rules, 2004 (CCR); Rejects Revenue’s ple...View More

'Electricity expense' reimbursement not includible in consideration for 'immovable property renting' service 

CESTAT allows assessee’s appeal, holds that reimbursement charges towards actual electricity expenses received from service recipient is not includible in the gross value of service of renting o...View More

Extends area-based exemption where 'production' commences before cut-off date; 'clearance' not a condition 

CESTAT extends benefit of area based exemption under Notification No. 50/2003-CE dated June 10, 2003 to manufacturer of cosmetics preparation falling under Chapter 33 and 35 of Central Excise Tariff, ...View More

Allows refund of accumulated CENVAT credit under Rule 5 against export of exempted goods 

CESTAT allows assessee’s refund claim filed under Rule 5 of CENVAT Credit Rules (CCR), 2000 r/w Notification No. 27/2012–CE in respect of accumulated CENVAT on inputs/input services used i...View More

Allows credit on railway transportation service despite STTG certificate non-production

CESTAT quashes denial of CENVAT credit in respect of service of transportation of final product by Railways for want of Service tax certificate for transport of goods (STTG Certificate) as required by...View More