CESTAT Rulings


Upholds related-party import price; Contemporaneous value adoption impermissible absent Valuation Rules adherence 

CESTAT dismisses Revenue appeal, adoption of contemporaneous import value as basis for valuation of goods imported from related party impermissible absent failure to legally determine value by sequent...View More

Roaming services to foreign telecom operators for international inbound customers, constitute 'exports' 

CESTAT allows assessee’s appeal, services to foreign telecom operators (FTO) in relation to international inbound roamers (IIR) constitute ‘export’, entitled to rebate under Rule 5 o...View More

Upholds, confiscation for incorrect RSP declaration in BoE, MRP assessment pre-March 2008 

CESTAT allows Revenue appeal, upholds confiscation of goods u/s 111(d) of Customs Act and countervailing duty (CVD) liability basis actual maximum retail price (MRP) u/s 4A of Central Excise Act, on a...View More

Grants refund for 'permanent work cessation' though factory reopened within week of closure 

CESTAT grants refund of excise duty paid in relation to gutkha / pan masala manufacture, upon 6 days of closure of factory, under Rule 16 of Pan Masala (Packing Machine Capacity Determination & Co...View More

Lumpsum turnkey project for Plant set-up consitutes "works contract", not taxable pre-2007 

CESTAT allows assessees’ appeals, lumpsum turnkey contract for setting up of Nitric Acid Plant constitutes a “works contract”, not taxable prior to June 2007; Rejects Revenue’s...View More

Service export complete on foreign exchange receipt; Rule 5 refund not time barred 

CESTAT confirms refund of unutilised CENVAT credit under Rule 5 of CENVAT Credit Rules on export of services; Rejects Revenue’s stand that since claim filed beyond 1 year from date of export as ...View More

Buyer's promotion / advertising expenditure constitutes 'additional consideration'; Follows Indorama Synthetics ruling 

CESTAT allows Revenue appeal, expenditure incurred for advertising and promoting assessee’s product by Coca Cola India Ltd (buyer), includible in assessable value as ‘additional considerat...View More

No duty recoverable from bonafide Scrip / license purchasers towards fraudulent exports overvaluation 

CESTAT grants respite to transferees of DEPB scrips / DFIAs (assessees), no liability imposable towards overvaluation of export goods by original scrip / license holders and assessees entitled to avai...View More

Media costs towards advertisement campaign abroad for India's Tourism Ministry not taxable

No service tax payable on amount recovered as media cost from Ministry of Tourism, Govt. of India towards advertisement campaigns in New York, Paris and London; Rejects Revenue contention that such am...View More

No service tax on entrance fees collected by clubs / associations from members 

CESTAT rules on taxability of clubs or associations, entrance fees collected from new members not exigible to service tax u/s 65(105)(zzze) r/w Sec 65(25aa) of Finance Act; Although ‘principle o...View More