CESTAT Rulings


Allows CENVAT credit on leased capital goods; Rejects Revenue's 'financing company' plea 

CESTAT allows CENVAT credit on capital goods supplied by principal manufacturer on lease basis for purpose of job-work manufacture; Rejects Revenue’s stand that since principal manufacturer not ...View More

Lighting decoration in a 'building' for social function taxable as "Pandal Services"

CESTAT dismisses assessee's (sub-contractor) appeal, supply of lighting decoration to a building / place in connection to social functions taxable as “pandal and shamiana service" in terms of Se...View More

Physician's samples manufactured on job-work, assessable at 'transaction value'; Applies 'Sun Pharma' ratio 

CESTAT upholds ‘transaction value’ assessment u/s 4(1)(a) of Central Excise Act for physician’s samples manufactured on job-work basis, which in turn are distributed by principal man...View More

TV channels distribution & collection of subscription for foreign broadcasters non-taxable pre-June 2005 

CESTAT dismisses Revenue appeal, services of promotion, marketing, selling and distribution of TV channels and collection of subscription revenue from cable operators and MSOs on behalf of foreign bro...View More

Allows full capital goods credit in year of clearance to associate concern

CESTAT allows full CENVAT credit on capital goods cleared to associate concern after 2 years from purchase, in terms of Rule 4 of CENVAT Credit Rules; Rejects Revenue’s stand that since assessee...View More

Club not liable on receipt of members' subscription & staff accommodation fees 

CESTAT grants partial relief to a Club, quashes service tax demand on subscription / entrance fees received from Members, as also amounts recovered from staff towards accommodation; Applies inter alia...View More

Allows credit on employees' health insurance; 2011 amendment restricted to travel insurance 

CESTAT grants CENVAT credit of service tax paid on premium towards health insurance of factory employees; States that amendment to Rule 2(l) of CENVAT Credit Rules w.e.f. April 1, 2011 excluding insur...View More

M&A advisory services not "Management Consultancy" pre-2001; Applies 'DSP Merrill Lynch' ratio

CESTAT rules in favour of Kotak Mahindra Capital (assessee), reiterates non-taxability of advisory & consultancy services in relation to Mergers & Acquisitions as “Management Consultancy...View More

Salary / expenses reimbursements by Indian HO to overseas branches outside Sec 66A purview 

CESTAT rules in favour of assessee, no service tax payable by Indian HO on salary and other expenses remitted / reimbursed to overseas branches, on reverse charge basis u/s 66A of Finance Act; Sec 66A...View More

Cannot reject quarterly refund for prior export-invoice, when adjudication-order silent on issue 

CESTAT grants refund of unutilized CENVAT credit under Rule 5 of CENVAT Credit Rules upon export of services, finding same within time limit of 1 year from end of quarter to which it relates; Though C...View More