CESTAT Rulings


Post sale bonus from buyers towards goods performance not "additional consideration", non-dutiable 

CESTAT rules in favour of assessee, amount received as bonus from buyers for performance of converter bricks/ refractory bricks not an 'additional consideration' for sale thereof; Takes note of penalt...View More

5 Member LB to determine CESTAT jurisdiction to adjudicate seized goods release orders 

5 Member Larger Bench to determine maintainability of appeal against order of provisional release of seized goods u/s 110A of Customs Act on October 5; Earlier, 2 Member Bench, disagreeing with LB rul...View More

Grants refund on exports; Proof of actual tax discharge by port inconsequential 

CESTAT grants refund under Notification No. 41/2007-ST of service tax paid towards Port and CHA services for export of goods; Refutes Revenue’s stand that absent documentary evidence of actual s...View More

Grants refund; Amount collected by Revenue, where 'tax' not leviable, constitutes 'deposit' 

CESTAT grants refund of service tax erroneously paid on port services availed in course of export transaction, since service rendered beyond / outside India; Rejects Revenue contention that assessee p...View More

Intermediate product for coloring toys excisable as 'paint'; Short shelf life inconsequential

CESTAT upholds Commissioner's findings, intermediate product manufactured by assessee after mixing various chemicals and used for coloring of toys, dutiable as 'paint' under CETH 32.08; Rejects assess...View More

Upholds Revenue classification; Denies 'Nil' rate benefit on manufactured rubber products 

CESTAT accepts Revenue classification of ‘processed rubber sheet’ and ‘compounded rubber cord’ under CETH 4005.90 and 4006.90 respectively, thereby denying NIL rate benefit to ...View More

Co-owners not jointly or severally liable for property leased in individual capacity 

CESTAT upholds ​Commissioner (Appeals) findings that co-owners of property not jointly or severally liable ​to service tax under “Renting of Immovable Property Service​"​ category; Notes...View More

Grants rebate; 'Custodial services' towards foreign institutional investments in India constitute 'exports' 

CESTAT grants rebate under Notification No. 11/2005-ST for period May 2006 to February 2007, on custodial services provided to Foreign Institutional Investors (FIIs); Observes that, 'banking and other...View More

Inter-connection charges paid by ISP to another, not "online database access/retrieval service" 

Amount recovered from small time internet service providers (ISPs) who took connection from assessee for rendering services to their customers, not taxable as "online database access or retrieval ...View More

Accepts Revenue classification; 'Base frame' not integral to industrial pumps, mere 'accessory' 

CESTAT upholds Revenue classification of industrial pump ‘base frames’ under residuary entry of CETH 8485, in lieu of CETH 8413 as claimed by manufacturer-assessee; Rejects assessee’...View More