CESTAT Rulings


Rebate appeals of DTA - SEZ supplies maintainable before Jt. Secretary (RA), not CESTAT 

CESTAT Larger Bench rules on jurisdiction of Appellate Tribunal to decide appeals against orders relating to rebate on goods supplied to SEZ u/s 35B(1) of Central Excise Act; Observes that whole purpo...View More

Upholds MRP assessment of imported Monitors meant for sale to brand-owners, pre-May 2015

CESTAT upholds MRP valuation of imported LED/LCD monitors meant for sale to HCL / Wipro after affixation of their brand name, u/s 3(2)(b) of Customs Act r/w Sec. 4A of Central Excise Act, for period p...View More

Weakly coal imported for Corex Furnace classifiable as 'Coking Coal', end-use irrelevant

CESTAT rules in favour of assessee, weakly, soft, semi-soft coking coals imported for use in Corex Furnace, classifiable as "Coking Coal" under Customs Tariff Heading (CTH) 27011910, eligible for exem...View More

LB to determine medical equipment exemption upon conditions non-fulfillment post Notification rescission

CESTAT LB to determine entitlement of exemption on imported medical equipment under Notification No. 64/88-Cus post rescission vide Notification No. 99/94-Cus, where conditions stipulated thereunder n...View More

Imported vessel used for 'supply', not classifiable as 'tug'; Eligible for exemption

CESTAT upholds assessee’s classification of imported vessel as ‘Offshore Supply Vessel’ (OSV) under Customs Tariff Heading (CTH) 8901, and hence, eligibility for exemption under Noti...View More

Works contracts non-taxable pre-2007, composition available for on-going contracts; 'Nargarjuna' ruling inconsequential 

CESTAT rules in favour of assessee, allows composition scheme w.e.f. June 1, 2007 i.r.o. ongoing works contracts on which service tax was paid, in light of SC decision in L&T Ltd and others; When ...View More

Rejects clubbing sole-proprietorship's clearances with Company, allows SSI benefit upon brand assignment

CESTAT rejects clubbing of clearances from sole proprietorship firm to Pvt. Ltd. Co., merely because sole proprietor held 90% shares in Company, holds that both are separate entities, located at diffe...View More

Allows input service credit against Immovable Property Renting pre-April 2011, absent restriction 

CESTAT allows CENVAT Credit on Input Services used for mall construction, used for rendering output 'renting of immovable property service' pre-April, 2011 absent any restriction under definition of i...View More

Upholds machinery parts classification under respective Tariff, despite meant for equipment assembly 

CESTAT upholds classification of individual agricultural machinery parts under respective Tariff items, even though same meant for agriculture, parts having independent entry in Custom Tariff will mer...View More

Employee recruitment for foreign clients constitutes 'export'; Non-taxable as "Manpower supply" / "BAS" 

CESTAT rules in assessee's favour, amounts received from foreign clients towards recruitment of employees to work in their organization, qualifies as 'export'; Notes that, assessee recruits candidates...View More