CESTAT Rulings


Allows works contract composition benefit w.e.f. June 2007 absent evidence of continuing contract 

CESTAT allows assessee benefit of composition scheme for works contract, finds no violation of Rule 3 of Works Contract (Composition Scheme for Payment of Service Tax) Rules 2007; As per said Rule, as...View More

Classifies 'ilmenite' as "upgraded ore"; 'Beneficiation' includes physical separation; enrichment/roasting inconsequent 

CESTAT rules in favour of assessee (EOU), upholds classification of export goods viz. ‘ore ilmenite’ under Chapter Heading No. (CH) 26140020 of Customs Tariff Act, 1975, as "ilmenite upgra...View More

LPG sold to OMCs, assessable basis 'Ex-refinery', not 'Administered' price, post July 2000 

CESTAT Larger Bench (LB) rules 2-1 on valuation of LPG cleared in bulk from assessee’s refinery to Oil Marketing Companies (OMCs), holds that post July 2000, excise duty to be discharged on tran...View More

Drawings / designs imported in CD format constitute 'IT software', taxable at 'NIL' rate

CESTAT allows assessee’s appeal, designs and drawings imported in CD form classifiable under sub-heading 85238020, Supplementary Note (SN) to CH 8523 applicable as imported goods classifiable as...View More

Rejects 'charitable institution' plea; Yoga / aerobic classes taxable as "Health & Fitness Service" 

CESTAT finds no merit in assessee’s appeal, upholds service tax liability on yoga and aerobics classes conducted by a charitable institution; Relies on coordinate bench decision in Osha Internat...View More

Remands question of assessment of Powder Hair Dye sachet cartons u/s 4 / 4A 

CESTAT partially allows assessee’s appeal, quashes adjudication orders confirming differential duty demand on Powder Hair Dye (PHD) sachets packed in mono packs / cartons, u/s 4 of Central Excis...View More

Amendment Notification extending SSI exemption to 'arms & ammunition parts' not retrospective 

CESTAT dismisses assessee’s appeal, refuses to give retrospective effect to amendment extending SSI exemption benefit to parts falling under CH 93.06 or 93.07 (arms & ammunitions) of Central...View More

Salted potato chips sold in retail packs exempt; Applies pre-2005 CBEC Circular 

CESTAT rules in favour of assessee, salted potato chips sold in retail packs, classifiable under Chapter Heading (CH) 2005 20 00 as “potatoes prepared or preserved otherwise than by vinegar or a...View More

Denies concession to EOU absent adherence of pre-clearance conditions by EPCG license-holders 

CESTAT denies concessional duty benefit to EOU (assessee) towards clearance of manufactured goods to EPCG license-holders, under Notification Nos. 44/2002-Cus & 55/2003-Cus; Upholds Revenue’...View More

Confirms NCCD levy post-2003; Rejects assessee's 'almost manufactured' plea to escape liability

CESTAT confirms levy of National Calamity Contingent Duty (NCCD) on motor vehicles manufactured & cleared after March 1, 2003; Rejects assessee’s stand that vehicles were ‘almost manuf...View More