CESTAT Rulings


Meal tray served on board an aircraft, not 'manufacture' of excisable goods

CESTAT allows assessee's appeal, entire food tray served on board an aircraft, not 'manufacture' of excisable goods (i.e. food preparations) supplied under brand name; Assessee, engaged in airline cat...View More

Allows 'input' credit on capital goods' support items; Vandana Global ratio inapplicable 

CESTAT allows CENVAT credit on goods falling under Chapter 72, viz., aluminium coils, S.S. Sheets, plates channels, M.S. angles etc., used for making support structure / foundation of reactor and chim...View More

'IT' distinct from 'computer software'; Maintenance thereof taxable as "ITSS" w.e.f 2008 

CESTAT rules in favour of assessee, maintenance of software classifiable as “information technology software service” (ITSS) u/s 65(105)(zzzze) of Finance Act w.e.f. May 16, 2008 and not &...View More

Allows CENVAT credit; Commission paid to foreign agents qualifies as 'input service' 

CESTAT allows CENVAT credit of service paid under reverse charge mechanism on commission paid to foreign agents, holding same as 'input service' in terms of Rule 2(l) of CENVAT Credit Rules, 2004 (CCR...View More

Admonishes authorities' ingenuity in returning "premature" refund claim; CBEC must infuse robustness

CESTAT admonishes lower authorities’ orders returning assessee’s refund claims of service tax paid under protest as being ‘premature’, without dealing with the grounds adduced ...View More

Upholds MRP valuation of professional beauty products sold to salons through dealers

CESTAT rejects Revenue appeal, upholds MRP valuation of professional beauty products sold to salons / parlors for their consumption, by relying on SC ruling in case of Jayanti Foods Processing Pvt Ltd...View More

Demand unsustainable under Maintenance, Repair service for amount collected from flat owners 

CESTAT sets aside demand under Management, Maintenance or Repair Service of building, on amount collected by builder from flat owners as reimbursement of payment made to various service providers; Not...View More

Grants import exemption; Notification no. immaterial when requisite Certificate demonstrates intended purpose

CESTAT rules in favor of assessee, extends benefit of customs duty exemption on goods imported to Continental Shelf of India and Exclusive Economic Zones; Denial of exemption because Essentiality Cert...View More

Upholds MRP assessment on 50 ltrs lubricating oil packages sold in retail

CESTAT upholds differential excise duty demand, 50 ltrs package of lubricating oil assessable on MRP basis u/s 4A of Central Excise Act, not on cost construction basis in terms of Central Excise Valua...View More

Inputs & factory insurance credit available when included in final product price 

CESTAT rules in favour of assessee, allows CENVAT credit in respect of service tax paid towards insurance of plant & machinery, equipment, inputs, factory & residential buildings / township; R...View More