CESTAT Rulings


Records supplemental findings on foreign 'finance arrangement' services taxability pending Third Member reference 

CESTAT accepts rectification of mistake application of assessee, Member (Judicial) renders supplemental findings on 3 issues for reference to Third Member in order to avoid miscarriage of justice as s...View More

Rejects title relinquishment to expired bonded goods; Upholds duty & penal liability 

CESTAT rejects assessee's claim for relinquishment of title to time expired warehoused goods for which duty already demanded u/s 72(1) of Customs Act, applies Bombay HC ratio in Videocon International...View More

Allows refund of reversed input credit on exempt goods export under Bond

CESTAT grants refund of CENVAT credit reversed in terms of Rule 6(3)(b) of CENVAT Credit Rules (CCR) on clearance of tractors for testing, owing to subsequent export under Bond; Rejects Commissioner (...View More

Unfinished alloy steel forgings classifiable as 'iron / steel articles', not 'machinery / vehicle parts'

CESTAT rules in assessee’s favour, Alloy Steel Forgings (machined) in unfinished form for use rings for Bearing and Gear Blanks, classifiable under Chapter Heading (CH) 732616 (i.e. articles of ...View More

Substitute inputs eligible for credit; No duty on scrap generated at job-workers

CESTAT rules in favour of assessee, allows CENVAT credit on H.R. Sheets of less than 4 mm thickness used as substitutes in manufacture of motor vehicle parts, upon unavailability of H.R. Sheets of 4 m...View More

Computer software is 'goods'; Commissioner to re-determine 'maintenance & repair' exports refund 

CESTAT Third Member concurs with Member (Technical), remands issue of CENVAT credit refund entitlement on export of services of (i) maintenance of software, (ii) testing, (iii) re-engineering and (iv)...View More

'Capital goods' definition under FTP same for different schemes; Grants SHIS benefit 

CESTAT allows Status Holder Incentive Scheme (SHIS) benefit under Notification No. 104/2009-Cus towards clearance of equipment for continuous annealing line / galvanizing line in cold rolling mills co...View More

Reiterates Sec 11B limitation application for unutilised credit refund; Inter-EOU supplies eligible thereof 

CESTAT partially rules in favour of Revenue, 1 year limitation period prescribed u/s 11B of Central Excise Act applicable to unutilized CENVAT credit refund claims under Rule 5 of CENVAT Credit Rules;...View More

Vehicles under contract carriage not "tourist vehicles", non-taxable as 'tour operator service' 

CESTAT rules in favour of assessees, activity of providing vehicles on hire / contractual basis of specific capacity with particular schedule not taxable as "Tour Operator" service u/s 65(115) of Fina...View More

Allows Target Plus Scheme credit; Goods sent for job-work constitutes 'own use' 

CESTAT allows assessee's appeal, cannot deny duty free imports benefit under Target Plus Scheme where goods (viz. plastic granules) sent to job-worker under provisions of Notification No. 214/86-CE fo...View More