CESTAT Rulings


Packages offered to airline customers not 'tour operator service', absent planning / scheduling 

Package tours in tie-up with Hotel chains, offered to customers who book tickets from airline’s (assessee’s) website, not taxable as ‘tour operator service’ u/s 65(105)(r) of F...View More

LB to determine imported 'optical fibre cable' classification for telecom operators 

CESTAT Larger Bench (LB) to decide whether optical fibre cable (OFC) merits classification under Customs Tariff Heading (CTH) 85.44 and hence eligible for exemption under Notification No. 24/2005, or ...View More

Adopts foreign manufacturer's 'listing' instead of agent's 'special price', for exhibition import

CESTAT dismisses assessee’s appeal, upholds determination of assessable value of goods i.e. camera for display at exhibition in India, basis manufacturer's price list and not agent's price, unde...View More

Upholds capital goods debonding at FTP depreciation rates upon EOU to EPCG conversion 

CESTAT upholds grant of refund of excess duty paid at the time of debonding of capital goods pursuant to conversion from EOU to EPCG scheme, applying depreciation rates prescribed by FTP; Rejects Reve...View More

Cargo auction proceeds adjustment towards storage & warehousing, not 'consideration for service' 

Adjustment of sale proceeds arising from auction of abandoned imported goods cannot be considered as receipt of service charges towards ‘storage & warehousing services’ by Container Fr...View More

No embargo of prior registration to claim unutilised credit refund on export

Refund of unutilized input service credit under Rule 5 of CENVAT Credit Rules cannot be denied for non-registration prior to export of output services; No stipulation / embargo created in said Rule to...View More

Tower space leasing not 'BAS' pre-2007; But no respite on dark-fibre lease 

Leasing of space on microwave towers for installation of equipment by cellular operators not taxable as ‘business auxiliary service’ (BAS) prior to June 1, 2007; Perusing Sec 65(19) of Fin...View More

Goods transportation through buses not 'BSS' though related to businessmen's commercial activity 

CESTAT partially allows assessee’s appeal, sets aside service tax demand under ‘business support services’ (BSS) category i.r.o. transportation of goods belonging to businessmen thro...View More

5-Member LB rejects Revenue's 'misconceived' stand; Seized goods release orders appealable before CESTAT 

5 Member Larger Bench (LB) answers reference in assessee’s favour, appeal against order of provisional release of seized goods u/s 110 of Customs Act maintainable before CESTAT in terms of Sec 1...View More

'Blanket' exemption, in lieu of 'refund' available where service provider & exporter same 

CESTAT allows assessee’s appeal by way of remand, rules that exporter who is also liable to service tax on reverse charge basis towards GTA service, shall be entitled to blanket exemption under ...View More