CESTAT Rulings


Passengers transportation at prefixed rate not 'tour operator' service pre & post 2008-amendment

CESTAT rules assessee not liable to pay service tax as a 'tour operator' before as well as after the amendment to definition of “tour operator” as per Finance Act 2008; CESTAT states that ...View More

Goods usage sufficient to claim exemption on supplies to UN body, retention condition prospective

CESTAT rules in favour of assessee, states that assessee is eligible for benefit of Notification No 108/95-CE (amended by Notification No 13/2008 dated March 01, 2008) for goods supplied to projects f...View More

Allows credit refund inter-alia of office renovation works, Association membership post 2011 

CESTAT rules in favour of IT Co. (assessee), allows refund of unutilized service tax credit in respect of (i) manpower recruitment or supply agency, (ii) cleaning, (iii) renting of immovable property,...View More

Grants tax refund upon brokerage adjustment; Credit-notes sufficient to disprove 'unjust enrichment' 

CESTAT grants refund of excess service tax paid on ‘brokerage’ towards stock-broker services, pursuant to subsequent downward adjustment thereof through credit notes to clients; Rejects Re...View More

Upholds Rule 6(3) credit reversal on molasses utilised in 'rectified-spirit' & 'denatured-alcohol' manufacture 

CESTAT upholds reversal of input credit at specified percentage in terms of Rule 6(3) of CENVAT Credit Rules (CCR) on molasses used as common input in manufacture of rectified spirit, a non-excisable ...View More

CENVAT credit on capital goods removed ‘after use’ not reversible before 2007 

CESTAT rules out reversal of CENVAT credit on removal of capital goods from factory after being put to use, prior to 2007; Rule 3(5) of CENVAT Credit Rules (CCR) 2004, as it stood then, contemplated c...View More

Show cause notice unjustified upon suo motu discharge of short-paid duty; Interest applicable

CESTAT rules in favour of assessee, finds no justification in issuance of show cause notice after suo motu discharge of short paid excise duty with interest and intimation to Dept. authorities thereof...View More

Indian branch non-taxable for foreign CRS services availed by HO; Follows British Airways 

CESTAT rules in favour of international airlines having branch offices in India, services received from foreign based Computerized Reservation System (CRS) companies towards air ticket booking / cance...View More

Allows CENVAT credit on bought out plastic bottles resold after affixing caps

CESTAT allows CENVAT credit on bought out plastic bottles resold after affixing manufactured caps, in terms of Rule 16 of Central Excise Rules; Plain reading of Rule 16(1) & (2) shows that CENVAT ...View More

Credit of stock inputs not reversible upon subsequent exemption of final product 

No reversal of MODVAT credit on inputs lying in stock upon exemption of final product viz. ‘Vanaspati’ from whole of excise duty by virtue of Notification No. 15/1996; Notes that at releva...View More