CESTAT Rulings


Allows credit on yarn used for exempted fabrics manufacture, cleared without bond execution

CESTAT allows CENVAT credit on yarn purchased locally/manufactured in-house for use in grey fabrics, an exempted commodity, thereby rejecting Revenue contention that credit on yarn should be reversed ...View More

Fees received from Coca Cola for marketing beverages inside multiplex, taxable as "BAS" 

CESTAT upholds taxability of one time 'signing fees' and annual 'pouring fees' received by assessee, from Coca Cola India Pvt. Ltd. (CCIPL) for promoting its products inside multiplex, under “Bu...View More

Technology transfer fee non-taxable as 'IPR service' absent patent under Indian law

CESTAT quashes service tax demand on technology transfer fees paid to parent entity (Whirlpool USA) during the period 2007-08, under “Intellectual Property Rights (IPR) Service”; Perusal o...View More

Transmitting financial messages constitute 'information transfer & data-processing', taxable as "banking services"

CESTAT upholds taxability of services received from ‘Society of Worldwide Interbank Financial Telecommunication’ (SWIFT), a non-resident entity, towards transmitting financial messages int...View More

Office assets insurance, works contract, outdoor catering prima-facie 'input services'; Refund available 

CESTAT finds assessee (service exporter) entitled to CENVAT credit of 26 services, including air travel agent, works contract, business support & auxiliary services, architect services, legal, gen...View More

Absent contract, telecom operators' SMS termination services taxable on invoice / demand issue 

CESTAT rules on point of taxation in case of SMS termination services rendered by telecom operator (assessee) to other telecom operators; States that since there is no contract between the telecom ope...View More

Contemporaneous imports MRP inapplicable u/s 4A; Rejects price re-determination absent SWM Act violation 

CESTAT rejects re-determination of Retail Sale Price (RSP) based on contemporaneous RSP of imported mobile phones, holding same not in conformity with Section 4A of Central Excise Act r/w Central Exci...View More

Reimbursement towards testing on buyer's behalf, excludible from finished goods' assessable value

Reimbursement of charges towards testing by Research Designs and Standards Organization (RDSO) not includible in assessable value, if finished goods marketable without such testing / inspection done o...View More

Study material sold separately by coaching centre not exigible to service tax 

CESTAT rules in favour of assessee, study material package supplied by coaching centre not exigible to service tax; Assessee showed sale value of study material separately in invoices raised on studen...View More

Company employees transportation not taxable as 'tour operator service' pre & post 2004 

CESTAT quashes service tax demand on activity of transporting company employees from specific points to the factory / establishment and back, under the category of “tour operator service” ...View More