CESTAT Rulings


Rules on classification of machines for fermented milk production; Individual functionality relevant

CESTAT holds that machines comprising of tanks for blending, culturing, storage and water sterilizer, as well as injection moulding machine & refrigeration unit are classifiable under respective C...View More

Confirms duty on export obligation non-fulfilment; Quashes penalty absent finished goods diversion

CESTAT quashes penalty imposed due to short fall in fulfilment of export obligation, states that capital goods/inputs have been used for intended purpose, finished goods have not been diverted and sho...View More

Extends exemption benefit despite satisaction of procedural stipulation post importation, grants refund

CESTAT grants refund of customs duties paid on parts imported for tablet PC manufacture under Notification No. 24/2005-Cus., even though duty exemption certificate obtained subsequent to clearance; Re...View More

Upholds duty where machine imported under EPCG licence not installed, depreciation benefit unavailable 

CESTAT dismisses assessee’s appeal, upholds duty demand on account of non-fulfilment of export obligation (EO) where capital goods i.e. digital printing machine, imported duty free under EPCG sc...View More

Duty payable on inter-unit transfer of goods by STP, absent requisite permission 

CESTAT upholds levy of duty along with interest, where premises leased along with goods procured/imported duty-free, by a STP unit under 100% EOU scheme, to other STP unit on inter-unit transfer (IUT)...View More

Actual High Seas contract price determinative of assessable value; Notional commission inappropriate

CESTAT holds that for the purpose of determining assessable value of goods imported on High Sea Sale basis, actual High Sea Sales commission is to be included in CIF value of imported goods and inclus...View More

SSI exemption not deniable for mere affixation of 'brand name' on sale documents

CESTAT allows assessee’s appeal, rejects denial of exemption to small-scale unit under various Notifications issued from time to time, where brand name affixed merely on ‘sale documents&rs...View More

Garnetting synthetic fibre waste not "manufacture"; Rejects Revenue's reliance on Chapter Note

No excise duty payable on process of garnetting / carding synthetic filament / fibre waste, as same does not amount to “manufacture”; Rejects Revenue’s reliance on Chapter Note 3 of ...View More

Rent from leasing Computer Colour Display Machines not taxable as BoFS

Rent received by paint manufacturer from leasing of Computer Colour Display Machines to dealers not taxable as “Banking and other Financial Services” (BoFS) u/s 65(12) r/w Section 65(105)(...View More

Denies exemption on 'sub-assemblies' manufactured on job-work, absent duty liability on 'tractors'

CESTAT disallows benefit of exemption under Notification No. 214/86-CE to sub-assemblies manufactured on job-work, which are further used for exempted tractors; Rejects assessee’s contention tha...View More