CESTAT Rulings


Learning Centre not taxable for providing distance education under aegis of University 

CESTAT quashes service tax demand against Learning Centre on distance education provided to students as per MOU with Universities; Training and coaching provided by assessee forms an essential part of...View More

Allows VCES benefit; 'Serving' of notice imperative, mere 'issuance' inconsequential for disqualification 

CESTAT allows benefit of VCES, mere issuance of show cause notice demanding unpaid tax before March 1, 2013 cannot disqualify assessee in terms of Sec 106(1) of Finance Act 2013; Law contained in Sec ...View More

Supervision incidental to plant erection & commissioning; Absent consideration, no tax payable 

Supervision by engineer during erection and commissioning of limestone crushing plant neither taxable as ‘erection, commissioning or installation service’ nor ‘consulting engineer se...View More

CENVAT Account debit not sufficient 'pre-deposit' compliance where payment disputed under Rule 8(3A) 

CESTAT dismisses appeal, duty payment through CENVAT Credit Account not sufficient compliance of mandatory pre-deposit u/s 35F of Central Excise Act; Whole purpose of Sec 35F is to ensure that orders ...View More

Rejects transaction value for related-party imports; Praises lower authorities for "meticulous" adjudication 

CESTAT rules against assessee, rejects declared transaction value towards import of railway signalling equipment from related group companies; Rejects assessee’s arm’s length plea finding ...View More

Deduction from contract value impermissible where Works Contract Composition scheme opted 

CESTAT rejects assessee's claim for deduction of tax payable from contract value u/s 67(2) of Finance Act, 1994, where service tax liability discharged by opting for Works Contract Composition Scheme;...View More

Rules on duty leviability on packaged software imports & electronic downloads 

Software licence fee includible in assessable value of media packs imported from related group company pursuant to purchase order from customer in India, in terms of Rule 9(1)(c)/10(1)(c) of Customs V...View More

Upholds demand on audio-visual equipment sale at higher price than import RSP

CESTAT upholds differential duty liability towards mis-declaration of Retail Sale Price (RSP) at the time of import of audio-visual equipment, sold subsequently at higher price to NCCF / Kendriya Bhan...View More

No exemption to jute bags bearing 'brand name'; Reason for affixation inconsequential 

CESTAT confirms denial of excise duty exemption on jute bags manufactured and supplied to State Govt agencies in terms of Jute Control Order issued under Essential Commodities Act, treating them as &l...View More

Penalty not imposable when fraud perpetrated by consultant embezzling service tax amount 

CESTAT grants partial respite to assessee, waives penalty on non-discharge of service tax owing to fraud by consultant, who embezzled the amounts entrusted to him for deposit in Govt. treasury; Reject...View More