CESTAT Rulings


Grants tax refund absent liability on technical services import; Unjust enrichment inapplicable 

CESTAT allows assessee’s appeal, grants refund of service tax paid under ‘Consulting Engineer Service’ category at investigation stage in relation to technical know-how / assistance ...View More

Absent "custodianship", managing Govt bonds for RBI taxable as 'BAS', not 'BoFS'

CESTAT rules in favour of Banking Co., collection of subscription amounts, maintenance of ledger accounts, payment of interest & redemption of bonds for RBI not taxable as “banking and other...View More

Allows refund of service tax mistakenly paid on GTA service by 'sole proprietorship' 

CESTAT dismisses Revenue appeal, allows refund of service tax paid under mistake of law by assessee, a sole proprietorship firm, on 'Goods Transport Agency' (GTA) service; Accepts assessee's contentio...View More

1 year refund limitation for SEZs determinable from actual 'tax payment', not 'advances' 

One year limitation for filing refund claim under Notification No. 40/2012-ST by SEZ Co-developer to be reckoned from 'service tax' payment date, not from date of 'advance payment' to service provider...View More

Cannot restrict credit refund to extent of ST-3 Return amount for quarter

Input services credit refundable under Rule 5 of CENVAT Credit Rules r/w Notification No. 5/2006-CE (NT) to the extent of accumulated credit lying at end of the period for which refund relates; Noting...View More

Collection of EXIM documentation charges for Principal not taxable as 'BAS' pre-June 2005 

CESTAT allows assessee’s appeal, documentation charges relating to Bill of Lading (B/L) re-issue and surrender, administration charges collected directly from customers not taxable as 'Business ...View More

Grants credit of commission agent services for 'sales promotion'; Follows Birla Corp. 

CESTAT rules in assessee’s favour, CENVAT credit available on commission paid to agents for “sales promotion” under Business Auxiliary Service; Notes that assessee not only selling g...View More

Distributor commission under Co.'s 'multi-level marketing scheme' taxable as "Business Auxiliary Service" 

CESTAT dismisses assessees' appeal, commission received from binary network company under 'multilevel marketing scheme', taxable as 'Business Auxiliary Service' (BAS) u/s 65(19) of Finance Act, 1994; ...View More

Quashes CVD demand on Set-Top-Box imports absent subscriber 'sale'; MRP valuation inapplicable 

Set Top Boxes (STBs) entrusted to subscriber for viewing TV channels, not governed by Legal Metrology (Package Commodity) Rules (Rules) and hence not liable to countervailing duty (CVD) on import basi...View More

Quashes demand; 'Toll collection' not service "auxiliary / incidental" to National Highway maintenance 

CESTAT quashes service tax demand u/s 65(19) viz. “Business Auxiliary Service” category on collection of toll on National Highways; Rejects Revenue contention that assessee an agent / repr...View More