CESTAT Rulings


Upholds 'cost plus' valuation for job-work between Group Cos.; Rejects 'notional value'

CESTAT upholds ‘raw material cost + job-work charges + profit’ valuation where Directors of Group entities are relatives; Rejects application of Rule 8 of Valuation Rules (115% of cost of ...View More

Differential duty demand unsustainable u/s 28 upon finalization of 'provisional assessment', Remands matter

CESTAT allows assessee’s appeal, holds that Section 28 of Customs Act cannot be invoked for demanding differential duty along with interest & penalty upon finalization of provisional assessm...View More

Allows refund; Scientific-research on goods in India for overseas recipient constitutes 'export'

CESTAT dismisses Revenue appeal, allows refund of accumulated CENVAT credit on ‘scientific and technical consultancy services’ provided to recipient located outside India; Rejects Revenue ...View More

Allows 'Project Import' benefit on plant & machinery disposed after installation + use

‘Project Import’ benefit under Notification No. 132/85 r/w Project Import Regulations cannot be denied upon disposal of imported plant & machinery after 2 years of installation and use...View More

Rebukes Revenue's delay in sanctioning refund without stay; Calls for more 'vigilance' 

CESTAT rebukes Revenue for neither sanctioning refund claims for 3 years from date of passing final order nor obtaining stay against same from HC; Observes that when no stay order has been passed by H...View More

Classifies vessels as "motor-boats for pleasure" despite intended use of ferrying tourists

CESTAT upholds Revenue’s classification of boats as “motor boats” under CTH 8903 liable to import duty of 25% instead of “excursion / ferry boats” under CTH 8901 exigible...View More

Upholds duty on drawings & designs imported for hotel construction, at 'transaction value'

CESTAT upholds customs duty on import of drawings & designs for construction of hotels, treating them as ‘goods’ after following SC ratio in Associated Cement Companies Ltd; Rejects as...View More

Allows CENVAT credit refund; Mandap-keeper, health & fitness services 'relate to business'

CESTAT grants refund of unutilised CENVAT credit of event management, mandap-keeper, health & fitness, pandal & shamiana services used towards export of Business Support Services, under Rule 5...View More

Extends 'Project Import' benefit for LPG storage tank erection; Applies SC ratio

CESTAT extends 'Project Import' benefit for construction of LPG storage terminal tanks, under Notification No. 42/96-Cus dated July 23, 1996 considering same as “Port Development Project”;...View More

Grants exemption on goods manufactured at workshop adjoining mining-area; Applies SC ratio 

CESTAT grants excise duty exemption on parts & accessories of mining machines, manufactured at a workshop adjacent to mining area of assessee; Rejects Revenue’s stand that since workshop is ...View More