CESTAT Rulings


Allows Rule 5 refund of unutilized CENVAT credit on closure of unit 

CESTAT allows refund of unutilized CENVAT credit under Rule 5 of CENVAT Credit Rules absent possibility of utilization in future on account of closure of unit; Accepts assessee's reliance on Karnataka...View More

Procuring services for Participating Group Cos. on cost sharing basis, not 'BSS' 

CESTAT rules in favour of Reliance ADA Group (assessee), activity of procuring services on behalf of Participating Group Cos. under ‘cost sharing arrangement’ not taxable as Business Suppo...View More

Packing parts / components to constitute 'Gas Conversion Kits' amounts to "manufacture", dutiable 

CESTAT allows Revenue appeal, packing together of components and manufactured parts in a carton box and clearance thereof as 'Gas Conversion Kits' (GCK) amounts to 'manufacture' in terms of Sec 2(f) o...View More

Grants exemption on supplies for use in construction of Indian Navy warships 

CESTAT allows assessee's appeal, extends exemption under Notification No. 64/95-CE in respect of goods supplied for construction of warships of Indian Navy; Notes that, goods i.e. circuit breakers and...View More

No duty on coffee decoction samples withdrawn for testing at in-house laboratory 

CESTAT allows assessee’s appeal, drawing of samples of coffee decoction for quality testing purposes not liable to excise duty; It is common sense that manufacturing of final product is not comp...View More

Treating body mounting onto chassis as ‘service’, not construable as intentional excise evasion 

No extended period of limitation invokable where Revenue has accepted discharge of service tax by assessee towards mounting of fabricated vehicle bodies onto their chassis on behalf of principal custo...View More

Chyawanprash primarily an 'Ayurvedic medicine'; "Absurd" to classify as 'food supplement / tonic' 

CESTAT rules in favour of Dabur, ‘Chyawanprash Awaleha with Ashtawarg’ & ‘Chyawanprash Awaleha Special’ classifiable as “Ayurvedic Medicaments” under CETH 30.03...View More

Upholds rejection of refund claimed after 5+ years under area-based exemption Notification 

CESTAT upholds rejection of refund claim filed under area-based exemption Notification No. 33/99-CE after a period of more than 5 years from date of duty payment, absent any justifiable reason for fil...View More

Ayurvedic medicines bearing trade-name/design not classifiable as 'patent or proprietary' medicaments 

Ayurvedic medicines manufactured as per formula prescribed in authoritative text books of Ayurveda under trade-mark/brand name Sivananda/Om classifiable under CETH 3003.31; Rejects Revenue contention ...View More

TDS on consideration remitted to foreign architect, not exigible to service tax 

Income tax deducted at source (TDS) and paid to Govt. of India by assessee on amount remitted to foreign architect towards technical consultancy services, not liable to service tax on 'reverse charge'...View More