CESTAT Rulings


Grants CENVAT credit refund considering date of e-filing claim as relevant date

CESTAT allows refund of unutilized input services credit filed electronically under Notification No. 5/2006-CE (NT); Quashes lower authorities’ stand that claim was time barred since physical co...View More

Exempts RCC pipes manufactured away from actual construction site of sewerage system

CESTAT sets aside adjudication orders, allows excise duty exemption on RCC pipes fabricated away from actual site for use in construction of sewerage system, under Notification No. 5/2006-CE and subse...View More

Allows credit of outward transportation freight upto buyer's premises; Distinguishes SC ruling

CESTAT dismisses Revenue appeal, allows CENVAT credit of service tax paid on GTA services for outward transportation of goods from factory to buyer’s premises; Distinguishes Apex Court’s i...View More

Allows accumulated credit refund on factory closure; Reject Revenue's reliance on LB-ruling

CESTAT allows refund of accumulated CENVAT Credit under Rule 5 of CENVAT Credit Rules upon closure of factory; Notes that assessee, manufacturer of colour films & paper, had closed down factory ow...View More

Grants exemption on vessel imported for petroleum exploration; Rejects Revenue's 'dredger' classification

CESTAT grants exemption benefit under Notification No. 21/2002-Cus on import of heavy duty crane cum pipe laying ship, notes that said Notification exempts goods required in connection with petroleum ...View More

Grants exemption on services consumed outside SEZ; Freight slot trading not 'BAS' 

CESTAT sets aside order which rejected service tax exemption under Notification 4/2004-ST to assessee for logistic services rendered to SEZ unit on the ground that services were not consumed within th...View More

Denies input credit refund upon opting for Notification exemption; Applies LB ratio 

CESTAT allows Revenue appeal, holds that assessee cannot claim refund of Additional Duty of Excise (Textile and Textile Articles) credit remaining unutilized under Rule 5 of CENVAT Credit Rules, upon ...View More

Duty refund prima-facie available; Treatment in books inconclusive of unjust-enrichment absent final-price enhancement

CESTAT finds assessee prima facie entitled to refund of duty paid under protest on captively consumed intermediate product viz. notional resin contents of wire enamels, holds same not hit by mischief ...View More

Allows exemption on motor-vehicles where credit on chassis / inputs reversed before clearance 

CESTAT rules on entitlement of excise duty exemption on body built on chassis which is received from other manufacturers / suppliers, under Notification Nos. 4/97 and 5/98; Upholds Commissioner (Appea...View More

Allows refund pursuant to excess duty adjustment against short-payment; Unjust enrichment inapplicable

CESTAT allows adjustment of excess duty paid on certain items against short payment in respect of other goods cleared to sister concern, upon finalization of provisional assessment under Rule 7 of Cen...View More