CESTAT Rulings


Transaction value not rejectable basis 'quotations' giving domestic 'RSP', absent cogent evidence

CESTAT allows assessee’s appeal, transaction / invoice value cannot be rejected basis 'quotation' which gives domestic retail sale price; A mere quotation is vastly different from commercial inv...View More

Deferred sales tax 'payable' under State Incentive Scheme deductable from assessable value

Mumbai CESTAT rules in favour of manufacturer-assessees on the issue of inclusion of difference between deferred sales tax liability and sales tax paid under Deferral Scheme of Maharashtra Packaged Sc...View More

Mould cost non-inclusion before 2000 a bona fide valuation mistake; Interest / penalty inapplicable 

CESTAT dismisses Revenue appeal, sets aside interest under erstwhile Sec. 11AB and penalty u/s 11AC of Central Excise Act for non-inclusion of mould amortisation cost in assessable value of manufactur...View More

 Pet coke supplied to sister unit towards electricity generation for manufacture, CENVATable

CESTAT allows CENVAT credit on pet coke supplied to assessee’s sister unit for generation of electricity, which is ultimately used for manufacture of final product; Rejects Revenue contention th...View More

Optic fibre lease rental taxable basis 'actual receipt', not AS-19 'notional income' 

CESTAT allows assessee's appeal, lease rentals for use of optic fibre cable taxable basis amount actually received, not equalised notional lease rent income disclosed to comply with AS-19; Rejecting R...View More

After recharge vouchers, quashes demand on free SIM cards distributed to dealers 

CESTAT quashes demand in respect of free SIM cards distributed to dealers / distributors by telecom service provider (assessee); Rejects Adjudicating Authority’s view that irrespective of whethe...View More

Environmental science assessment involves scientific consultancy, not engineering; 'Wikipedia' information not conclusive 

CESTAT rules against Revenue, assessee, a laboratory of Council for Scientific and Industrial Research undertaking various studies and projects in field of environmental science & engineering, not...View More

Grants GTA service credit; "Place of removal" entails place where 'sale' occurs

CESTAT grants CENVAT credit of GTA service used for transportation of intermediate goods to job-worker as well as company’s other unit; Rejects Revenue’s stand that since goods were cleare...View More

Grants unutilised CENVAT credit refund on closure of business; Follows HC ruling 

CESTAT grants refund of unutilized CENVAT credit on closure of business due to commercial non-viability; Rejects Revenue’s stand that CENVAT credit lying in books would lapse on closure of busin...View More

Third Member rules on taxability of tools / spare parts imported for ONGC

Third Member concurs with Member (Judicial), assessee rendering services to ONGC for offshore oil well drilling operation not an importer of tools / spares and hence penalty not imposable, however, si...View More