CESTAT Rulings


Allows CENVAT credit utilisation towards tax arrears on 'immovable property renting' services

CESTAT allows utilization of CENVAT credit available as on January 2011 for discharge of service tax arrears relating to renting of immovable property services for the period 2007-08 to 2009-10; Rejec...View More

Quashes refund rejection; Limitation under Notification commences from Service Tax Code allotment

CESTAT sets aside rejection of service tax refund under Notification No. 41/2007-ST in respect of ‘technical testing and analysis services’ and ‘port services’ utilized towards...View More

Denies SAD refund on imported 'used tyres’ sold as ‘crumb rubber’ domestically

CESTAT rejects SAD refund under Notification 102/2007-Cus on 'used tyres’ consumed by importer-assessee and sold after conversion into ‘crumb rubber’; States, assessee is not differe...View More

Allows credit to authorized car dealer on co-dealer's labour charges towards 'free servicing' 

CESTAT allows credit of services availed from co-dealer by authorized dealer of Maruti Udyog Ltd, during supply of ‘free servicing’ to customers; Notes that prevalent industry practice man...View More

Upholds penalty; Shipping-line, not exporter, accountable for loading container absent 'export order'

CESTAT upholds penalty on shipping line on account of error in loading container without waiting for ‘let export order’, however sets aside same on exporter and CHA; States, any deviation ...View More

'Veterinary services' for Group Cos. taxable as "BAS"; No exemption absent 'sale' / 'purchase'

Veterinary and laboratory analysis / testing services provided to customers on behalf of group companies constitute ‘customer care services’ provided on behalf of client and therefore, tax...View More

Cheque book, payslips printing for bank non-taxable as 'BAS'; Allows insurance policies credit

Printing cheque books, statements, pay slips and various other reports for a Bank, not taxable as “Business Auxiliary Services” (BAS) u/s 65(19) of Finance Act; Rejects Revenue contention ...View More

Criticizes Revenue's lack of stoicism against unfavourable outcome, Refuses 'stay order' rectification

CESTAT dismisses Revenue’s ‘rectification of mistake’ (ROM) application against order granting stay on recovery of amounts confirmed in adjudication order, states that such order pas...View More

Prerequisite royalty for right to use software includible in imported CDs value

CESTAT rejects import value of software CDs declared by assessee, holds that royalty payable by OEMs / Distribution Service Providers (DSPs) to Microsoft towards right to use software purchased from a...View More

Upholds chlorine as 'by-product' of caustic soda for determining Indian producers' non-injurious price

CESTAT upholds treatment of chlorine as ‘by-product’ instead of ‘co-product’, by Designated Authority to arrive at non-injurious price while determining imposition of anti-dump...View More