CESTAT Rulings


Cannot deny credit without notice / order, but suo-moto restoration of reversed amount erroneous

Mere observations in assessment of returns without challenge to MODVAT credit entitlement, insufficient to debar assessee from availing credit, however, suo moto re-credit of reversed entry amounts to...View More

Allows exemption on 'Saffron' imported under transferred DFIA; Revenue's 'actual user' plea unsustainable 

CESTAT allows duty free import of Saffron as “Food Flavour” under transferred Duty Free Import Authorizations (DFIAs) for use in export goods viz. Biscuits; Rejects Revenue contention that...View More

LB to decide "tax" deductibility of 10% reversal from exempted goods 

Third Member refers matter to Larger Bench (LB) to decide whether 10% of price of exempted goods reversible in respect of common inputs in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004 (CCR) can ...View More

'Time bound', 'beta' software not identical to Fully Packaged software; Rule 4 valuation inapplicable 

CESTAT rejects valuation of time bound software (trials / demos) and beta software imported from related parties taking into consideration price of Fully Packaged Product (FPP) software under Rule 4 o...View More

Cannot deny SSI exemption for mere use of third party brand name

CESTAT holds that exemption accorded to small scale industries under Notification No. 8/2001-CE cannot be denied because brand name used by assessee is registered with another person; Referring to SC ...View More

'Related-party' imports assessable at greatest aggregate sale-price to institutional buyer, not MRP

CESTAT rejects valuation adopted by Deputy Commissioner, Special Valuation Branch by way of backward calculation of related party imports, viz. making deductions from the ‘retail sale price&rsqu...View More

Spot billing of electricity meters for MSEDCL taxable as "BAS", not "IT service"

CESTAT holds that activity of spot-billing of electricity meters for Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) is taxable as “business auxiliary service” under claus...View More

No additional excise duty on textiles when basic duty exempt under Notification 

CESTAT dismisses Revenue appeal, holds that no additional excise duty is leviable on textile articles when same are exempt from basic excise duty under Notification No. 67/95-CE; Referring to Section ...View More

Condones 111 days delay; Accepts assessee's 'procedural rigours in filing appeal' plea

CESTAT condones delay of 111 days in filing appeal owing to internal procedures that had to be completed before filing appeal; Notes that assessee is a body of Central Govt. entrusted with statutory r...View More

Directs parties to approach Metrology Dept. for valuation of Food Processor accessories

CESTAT allows assessee’s appeal, remands issue for determination whether Food Processor accessories are assessable at MRP u/s 4A or at the transaction value u/s 4 of Central Excise Act, whe...View More