CESTAT Rulings


Upholds revaluation of second-hand machinery import by Mahindra Aerostructures 

CESTAT Chennai rules on valuation of importing second-hand machinery by holding that the same “include…all costs incurred towards the transport of the imported goods to the place of impor...View More

Restores appeal noting pre-deposit payment by book adjustments instead of DRC-03 

CESTAT Delhi allows service tax restoration of appeal application of Department of Posts on finding that pre-deposit has been made by book adjustment and not through DRC-03; Observes that “prese...View More

Denies refund claim for Education Cess noting exclusion from ambit of ‘eligible duties’ 

CESTAT Hyderabad denies refund claims of education cess and secondary education cess (Cess) that was transitioned through GST-TRAN-1 and thereafter reversed due to retrospective amendment made to Sect...View More

Time limit u/s 11B inapplicable for EC/SHEC paid under mistake of Law; Quashes refund rejection 

CESTAT Kolkata dismisses order rejecting ONGC’s refund claim as time-barred noting that the time limit in terms of Section 11B of the Central Excise Act, 1944 is not applicable where Education C...View More

No demand invoking extended period when Assessee duly reversed proportionate credit 

CESTAT Delhi holds that demand to tune of 5/6% of value of exempted service is not sustainable where assessee reversed proportionate credit on common input service attributable to the exempted service...View More

Denies refund of differential IGST paid on imports through manual TR-6 challans; Dismisses Appeal 

CESTAT Hyderabad denies refund claim of differential IGST paid through TR-6 challans on import of Saccharin Sodium Powder from China; Assessee filed refund claim for refund of IGST amounts paid vide m...View More

Remands for fresh-adjudication on simultaneously availing benefit under SHIS and EPCG

CESTAT Mumbai quashes order fastening duty liability and disbarring simultaneous availment of benefit under both schemes in Foreign Trade Policy i.e. Status Holder Incentive Scheme (SHIS) and Exp...View More

Sets aside demand under pre-amended BAS Definition; Remands for re-quantification post-amendment

CESTAT Mumbai, considering the un-amended  and amended  definition of BAS u/s 65(19) of the Finance Act, holds that activities of Sodexo India (assessee)&n...View More

In Tata Power’s favour, quashes demand on Fly Ash produced during coal based Power Generation

CESTAT Kolkata rejects Revenue’s appeal, reiterates that fly ash coming into being in the course of manufacture of electricity by burning coal, would not require payment of excise duty; Obs...View More

In Tata Power’s favour, quashes demand on Fly Ash produced during coal based Power Generation

CESTAT Kolkata rejects Revenue’s appeal, reiterates that fly ash coming into being in the course of manufacture of electricity by burning coal, would not require payment of excise duty; Obs...View More