CESTAT Rulings


'Interchange fees' received by Issuing Bank not taxable as 'Credit Card Service', distinguishes LB 

CESTAT rules in favour of assessee, holds ‘interchange fees’ received by Issuing Bank (i.e. assessee) from Acquiring Bank as a result of transaction by a credit card holder not taxable as ...View More

Services not confined to 'support', a Management Consultancy, Rule 6(5) credit restriction inapplicable

CESTAT holds that services of assisting/helping foreign company located outside India in procuring orders from India and facilitating sale of imported goods to customers in India, constitutes an &lsqu...View More

Upholds demand on training provided under franchise arrangement, miscellaneous and undeclared income 

CESTAT partly allows assessee’s appeal, sets aside demand under Commercial Training and Coaching Services (CTCS) qua income from insurance company (for providing training to insurance agents), a...View More

Allows full credit of service tax paid, part retention towards performance guarantee irrelevant

Delhi CESTAT dismisses Revenue’s appeal, allows credit of service tax paid to contractor despite fact that part amount retained/withheld on account of performance guarantee: Rejects Revenue&rsqu...View More

Rejects SAD refund claim filed beyond one year, distinguishes Sony India ruling

Delhi CESTAT allows Revenue's appeal, rejects assessee’s refund claim of Special Additional Duty of Customs (SAD) leviable under sub-section 5 of Section 3 of Custom Tariff Act, 1975, filed afte...View More

Absent duty evasion intent, extended period demand unsustainable on advance deposit forfeited 

Delhi CESTAT quashes invocation of extended limitation period for demand raised on amount of forfeited advance security received by assessee for manufacture of Gravures Cylinders required for printing...View More

Allows refund of ST paid towards consulting service for Hydro-electric project in J&K 

CESTAT allows refund of service tax paid by assessee in respect of consulting engineer service rendered for Hydro-electric project in State of J&K despite fact that both provider and recipient of ...View More

Rule 7 inapplicable for valuation where part clearances made from factory & remaining from depot 

Delhi CESTAT dismisses applicability of Rule 7 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2007 (Valuation Rules) in a case where portion of manufactured goods (i.e....View More

VAT liability discharged using subsidy granted under State Investment Scheme excludible for AV computation 

Delhi CESTAT allows assessee’s appeal, sets aside differential demand on account of inclusion of VAT amount paid by using 37B challans in assessable value by assessee operating under Rajasthan I...View More

Quashes extended period demand on inputs cleared ‘as such’ to sister units 

CESTAT allows assessee’s appeal, sets aside invocation of extended limitation period demanding duty (to tune of Rs. 2 lakh crores (approx.)) on various inputs cleared “as such” to si...View More