CESTAT Rulings


Packaging pre-determined quantity of spares in plastic bags, does not constitute 'manufacture'

Packaging of ‘O’ rings and ‘U’ cap seals for supply with pneumatic cylinders & valves as ‘spares’, does not amount to “manufacture” u/s 2(f) of Cent...View More

Police force deployment for banks / organisations a sovereign function, non-taxable as 'Security Services'

No service tax applicable on fees collected by Police Dept. from banks & other organisations towards deployment of additional force for maintenance of public peace & security; CESTAT holds tha...View More

'Non-woven fabric' manufactured by yarn thermal bonding classifiable as 'textile', not 'plastic-packing'

CESTAT rules that non-woven fabric manufactured by thermal / mechanical bonding of yarn would be classifiable as ‘textile’ under CETH 56.03; Rejects Revenue’s stand that said product...View More

Grants credit of services used towards property renting; Denial basis occupancy rate, incorrect

CESTAT allows CENVAT credit of tax paid on services like ‘repair and maintenance’, ‘consultancy’, ‘courier’, ‘telephone’ & ‘office rent’...View More

Deletes penalty; Exempted goods credit reversal not akin to short-duty payment recovery

CESTAT upholds deletion of penalty, holds that confirmation of credit reversal at 8% of exempted goods value upon non-maintenance of separate accounts for common inputs, is not akin to duty short levi...View More

Quashes 'illogical' re-export condition upon redemption of goods not conforming to BIS

CESTAT quashes confiscation order to the extent imported galvanized steel sheets which did not conform with Bureau of Indian Standards, were allowed to be redeemed on condition of re-export; Finds no ...View More

Allows credit refund; Limitation computable from end of quarter in which FIRCs received

CESTAT allows CENVAT credit refund holding that relevant date for computation of 1-year limitation would be last date of quarter in which FIRCs are received; Rejects Revenue’s stand that in term...View More

Improper removal of gold from SEZ to DTA, outside Customs Officers' jurisdiction

CESTAT quashes confiscation & improper importation penalty proceedings u/s 111 and 112 of Customs Act respectively upon removal of gold jewellery from SEZ to DTA without following the procedure, a...View More

Allows credit refund of tax on group insurance premium covering family members

CESTAT allows refund of accumulated CENVAT credit in respect of group insurance premium covering family members of employees, under Rule 5 of CENVAT Credit Rules; Notes that even if none of the depend...View More

Credit irreversible upon factory demarcation into DTA and EOU, Revenue's 'removal' contention untenable

CESTAT allows assessee’s appeal, CENVAT credit not reversible on inputs / capital goods transferred to 100% EOU carved out in same factory premises in assessee's name; Notes that EOU established...View More