CESTAT Rulings


No contradiction in taxing 'coal-handlers' under "cargo-handling service"; 'Packers' to seek SC guidance

CESTAT Larger Bench considers the dispute of classifying activities of coal handlers and packers under “cargo handling services” category, pursuant to remand by SC; Finds that in case of c...View More

Extends exemption to parts of equipment, irrespective of classification; Applies SC ratio

CESTAT extends customs duty exemption to ‘timing belt’ as part of ‘Draw Texturizing Machine’, irrespective of its classification under Chapter Heading 40 or 84 of Customs Tarif...View More

Extends exemption on CKD / SKD boilers with input-credit; Refers job-worker's liability to LB

CESTAT extends exemption on boilers manufactured and cleared in CKD/SKD condition under Notification No. 3/2001-CE; Also allows CENVAT credit on inputs used in manufacture of exempted boilers, includi...View More

No tax payable on technical know-how transfer absent proprietary rights of holder

No service tax payable on receipt of royalty towards permitting use of unregistered technical know-how and documentation for production & marketing of goods, u/s 65(105)(zzr) of Finance Act; Said ...View More

Laying pipelines under irrigation projects not "erection, commissioning & installation service" pre-2007

CESTAT rules that laying of pipelines for lift irrigation system would fall under “Commercial or Industrial Construction Service” category prior to June 2007, not taxable as “Erectio...View More

Allows refund; Mere 'asset capitalization' cannot prove 'unjust enrichment' in energy sector

CESTAT allows refund of service tax paid erroneously on construction of coal berth jetty to the extent same was rejected invoking unjust enrichment principle on account of capitalization; Rejects Comm...View More

Upholds confiscation for Notification violation, but redemption-fine subject to exercise of option 

CESTAT upholds confiscation and redemption fine for non-fulfilment of post importation conditions in respect of medical equipment imported under claim of exemption under Notification 64/88-Cus; Reject...View More

Allows CENVAT credit of tax paid on broadcasting fee reimbursed to advertising-agency

CESTAT allows CENVAT credit of service tax paid on invoices raised by broadcaster towards placing advertisement of assessee through advertising agency; Rejects Revenue’s stand that tax paid by a...View More

Allows CVD credit of imported equipment installed at subscriber's premises, by telecom-operator

CESTAT allows CENVAT credit of CVD paid on ‘fixed wireless phones’ imported and installed at the premises of subscribers by telecom service provider; Notes that Adjudicating Authority neit...View More

'Importer' not 'owner', liable to differential duty; Confiscation of untraceable goods unsustainable

CESTAT holds that differential customs duty u/s 28 of Customs Act in respect of imported MPEG cards can only be demanded from ‘importer’ who has filed the Bill of Entry (BoE), not from own...View More