CESTAT Rulings


Crane Girder / Rail essential for machinery functioning, qualify as capital goods 'accessories'

CESTAT allows CENVAT credit on Crane Girder, Crane Auxiliary Girder & Crane Rail as “capital goods”, and extends benefit of exemption Notification No. 67/1995-CE; Rejects Revenue's rel...View More

Upholds CENVAT credit of 'railway tracks' for goods transportation as "capital goods" 

CESTAT upholds admissibility of CENVAT credit on rails, railway track used inside factory for raw material & finished goods transportation, when same held eligible by Revenue for subsequent period...View More

Delayed refund interest payable upto sanction date, though Consumer Welfare Fund credit unsustainable 

CESTAT dismisses assessee’s appeal, finds no infirmity in payment of interest on delayed refund upto the date of credit in Consumer Welfare Fund, instead of date of actual refund pursuant to CES...View More

Computer printouts / ERP system monitoring goods movement, acceptable for exemption claim verification 

CESTAT rejects Adjudicating Authority's findings, documents submitted by assessee (EOU) for verification of exemption claim under Notification No. 23/2003-CE cannot be held invalid merely on ground th...View More

Verification of customer addresses not equivalent to bank services promotion, not 'BAS' 

Verification of customers’ details such as residential and employers’ addresses for banks, not taxable as “business auxiliary service” (BAS) u/s 65(19) of Finance Act; Such ser...View More

Quashes distributor's related-party import price loading vis-a-vis unrelated retailers, absent commercial parity 

CESTAT quashes loading of 12.5% on declared value of watches imported by distributor (assessee) from related foreign supplier, in terms of Rule 4 of Customs Valuation Rules; As per said Rule, transact...View More

Running HPCL owned retail outlet taxable as BAS, not manpower supply service

Running HPCL's retail outlet to effect physical delivery of petroleum products, provide adequate security, maintain proper and correct account of transactions, handle receipt/storage/delivery of stock...View More

'Body corporate' not taxable under 'Consulting Engineer' pre-May 2006, Simplex ruling relied

CESTAT allows assessee's appeal, rejects Revenue's contention that, assessee, a 'body corporate', rendering engineering and technical services for captive power projects, taxable under 'Consulting Eng...View More

Allows input CENVAT against 'Port' service, credit denial to 'service provider' unsustainable 

CESTAT allows CENVAT credit on inputs (i.e. cement steel), capital goods and input services used for providing output 'Port service', relies upon rulings of Gujarat HC in Mundra Port & Special Eco...View More

'Aquafarming' an "agriculture" activity; Paddle wheel aerators for fisheries, classifiable as "agricultural machine"

CESTAT allows assessee's appeal, ‘paddle wheel aerators and its parts’ used in fish farming / aquaculture (for cultivation of fish / shrimps), classifiable under Customs Tariff Heading (CT...View More