CESTAT Rulings


No CENVAT Credit on capital goods when final product exempt during receipt 

CESTAT denies CENVAT Credit on capital goods received in FY when final product (asbestos cement sheet) was chargeable to Nil rate of excise duty; Notes that assessee claimed credit i.r.o. capital good...View More

Operation of power plant not taxable as 'management, maintenance or repair service’

CESTAT allows assessee’s appeal, holds that consideration received towards operation of power plant will not be taxable as ‘management, maintenance and repair service’; Notes that as...View More

Individual truck-owner transporting goods for public distribution, not taxable as GTA service-provider

CESTAT sets aside service tax demand on individual truck owner transporting food grains and other goods under public distribution system; Upholds Appellate Commissioner’s reliance on co-ordinate...View More

Quashes "premature" demand including shipment expenses in value of 'plant' warehoused by EOU

CESTAT dismisses Revenue appeal, holds demand against EOU for enhancement of assessable value of imported ‘plant’ by inclusion of expenditure borne towards dismantling, packing and shipmen...View More

Cost of shoe designs sent to foreign-manufacturer includible in value of imports

CESTAT rules in favour of Revenue, cost of designs / drawings supplied to shoe-manufacturer situated abroad, includible in assessable value of imported shoes in terms of Rule 9(1)(b)(iv) of Customs Va...View More

No excise duty on transportation charges for supply of explosives to coal field

CESTAT rejects Revenue appeal, no excise duty payable on transportation charges collected towards supply of explosives to coal field; Observes that duty liability had to be discharged on the basis of ...View More

Valuation at 110% / 115% of production cost mandatory for sister-concern supplies; 'Loss' irrelevant

CESTAT upholds valuation of products supplied to sister concern at 110% or 115% of cost of production, in terms of Rule 8 of Central Excise (Valuation) Rules 2000; Notes that assessee had discharged e...View More

Pesticides, plant growth material containing nitrogen / potassium classifiable as 'other fertilizers'

CESTAT upholds assessee’s classification of manufactured pesticides, plant growth materials and bio-fertilizers under CETH 3105 9090 as ‘other fertilizers’; Sets aside Adjudicating A...View More

‘Manufacturing-agreement’ with bottlers different from brand-royalty contracts, grants service tax relief

CESTAT holds that manufacturing / tie up based agreement between assessee [owner of different brands of Indian Made Foreign Liquor (‘IMFL’)] and bottlers will not be considered as agreemen...View More

Airport development-fee collected from passengers not ‘consideration for services’; Applies SC ratio

Mumbai CESTAT quashes service tax demand on ‘development fee’ collected from passengers at the airport, holds that such fee is for future development of airport facilities and hence, not c...View More