CESTAT Rulings


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

Ad agency helping clients craft print or podcast advertisements on various channels not taxable

CESTAT Delhi dismisses Revenue’s appeal against order which dropped service tax demand against advertisment agency helping its clients to make media, print or podcast advertisements on various c...View More

Pre-deposit via DRC-03 before October’22 sufficient compliance since service-tax arrears recoverable under CGST Act

CESTAT Mumbai holds that pre-deposit for service tax appeal made through DRC-03 prior to October 28, 22 has to be treated as sufficient compliance, since tax could be recovered as an arrear of Service...View More

Allows HPCL CENVAT Credit on Medical Insurance & CISF Security, Rules them as essential ‘Input Services’" 

CESTAT Mumbai finds Hindustan Petroleum Corporation Ltd. (Assessee) eligible for CENVAT credit of service tax paid on medical insurance of employees, and CISF security, finding that these services are...View More

CENVAT-credit distribution by ISD to Hindustan Coca-Cola’s manufacturing-unit valid; Denial basis ‘nexus’ invalid 

CESTAT Mumbai holds that CENVAT credit distributed by Input Service Distributor cannot be denied to a manufacturing unit for lack of ‘nexus’ of input service with output; Assessee is a man...View More

Interest applies to IGST payable on imports at rate applicable u/s 50 of CGST Act: Remits matter 

CESTAT Delhi upholds levy of interest on IGST paid on imported goods with delay and states “whatever rate of tax and interest apply to IGST in the course of inter-state trade also apply to suppl...View More

Exempts import of Clear Float Glass classifiable under CTH 70051090 

CESTAT Chennai rules that Clear Float Glass is classifiable under CTH 70051090 and thus eligible for exemption of the benefit of the Notification No. 46/2011-Cus dated June 01, 2011; Relies on Kolkata...View More

Sub-contractor of main contractor who participated in International Competitive Bidding eligible for excise exemption 

CESTAT Chennai holds that sub-contractor supplying the goods to main contractor,who participated in the International Competitive Bidding, is also eligible for central excise duty exemption under Noti...View More

By 2:1 majority, upholds penalty on re-import of expired medicines through unauthorized port 

CESTAT Ahmedabad, by a 2:1 majority, upholds penalty on Genom Biotech Pvt. Ltd. (assessee) for attempting to re-import of expired medicines through an unauthorized Port (Pipavav Port); The Member-Judi...View More

Construction & works contract services to Rajasthan Housing Board not exempted by Mega Exemption Notification 

CESTAT Delhi upholds the Commissioner’s order confirming service tax demand alongwith penalty on “construction of complex, building, civil structure or a part thereof” and “wor...View More