CESTAT Rulings


Non-compete agreement doesn't constitute 'Business Auxiliary Services'; Fees non-taxable before July 2012

Consideration received under a ‘non-compete’ agreement not taxable as “Business Auxiliary Service” prior to July 2012; CESTAT notes that in terms of Business Transfer Agreement...View More

'Optical fibre cables' imported for telecommunication not individually 'sheathed', dutiable under CTH 90.01

CESTAT Larger Bench upholds classification of 'Optical Fibre Cables’ (OFC) imported for use in Telecommunication under CTH 90.01, leviable to customs duty at 10% under Notification No. 21/2002-C...View More

'Service export' transaction not vitiated where foreign currency remittance credited in INR

CESTAT allows ‘export’ benefit where Foreign Inward Remittance Certificate (FIRC) mentions receipt of remittances in assessee’s bank in INR; Relying on coordinate bench decision in S...View More

Interest deposit under wrong accounting head cannot deny benefit of reduced penalty

CESTAT extends benefit of reduced penalty to assessee on deposit of interest + 25% penalty within stipulated period pursuant to Tribunal order; Rejects Revenue’s stand that since interest was de...View More

'Rule 2A' & 'composition' optional methodologies; Allows 'Section 67' valuation with input credit for works-contracts

CESTAT sets aside recovery of Rs. 220 Cr (approx.) towards demand of CENVAT credit and service tax against assessee engaged in supply and erection of pre-fabricated / pre-engineered steel buildings an...View More

Affirms non-reversal of CENVAT credit against shortage in stock within tolerance limit

CESTAT dismisses Revenue appeal against Commissioner (Appeal) order which dropped recovery of Rs. 27.11 lakhs (approx.) for alleged wrongful availment of CENVAT credit on inputs that were found short ...View More

Operating lease of motor vehicles not taxable as "Banking & Other Financial Services"

CESTAT upholds Adjudicating Authority’s findings, sets aside service tax demand of Rs. 24.39 Cr (approx.) towards operating lease arrangement of motor vehicles under “Banking and Other Fin...View More

No Credit towards transportation security-guard service as buyer's premises not 'place of removal'

CESTAT denies CENVAT credit on security guard service for safe delivery of goods from manufacturer’s factory to buyer’s premises; Rejects assessee’s contention that since delivery is...View More

Cannot reject VCES declaration on mis-classification plea, 'interpretation' difference not a substantial 'mis-declaration'

CESTAT allows assessee’s appeal, holds rejection of declaration filed under Service Tax Voluntary Compliance Encouragement Scheme (VCES) on ground of mis-classification of services as unsustaina...View More

Interprets contract clauses, sanctions refund of service-tax erroneously paid under reverse charge

CESTAT upholds refund of service tax mistakenly discharged on reverse charge basis in respect of leasing of tunnel boring machines for execution of contract entered with DMRC, under category of &ldquo...View More