CESTAT Rulings


Third Member upholds RSP valuation of imported tiles sold at higher price post clearance

Third Member of CESTAT rules in favour of Revenue, concurs with Member (Technical) that reference to Sec 4A of Central Excise Act applicable to tiles sold to dealers / consumers at price higher than M...View More

Denies input credit; Cutting, slitting of self-adhesive film / paper, not 'manufacture' 

Cutting / slitting of self-adhesive film / paper imported in jumbo rolls not 'manufacture', CENVAT credit ineligible on inputs / capital goods used in relation thereto; Relies on SC decision in S.R. T...View More

Cannot ascribe 'relevant date' to unutilised CENVAT credit refund; 1 year limitation inapplicable 

No one year time limit as envisaged u/s 11B of Central Excise Act applicable to refund of unutilised input services credit under Rule 5 of CENVAT Credit Rules; Said Rule contemplates refund of CENVAT ...View More

Allows SAD refund on supply by EPC contractor, when 'title' transfer undisputed 

CESTAT dismisses Revenue appeal, supply of imported equipments & material by EPC contractor to main contractor for power plant project under ICB, eligible for SAD refund under Notification No. 102...View More

Allows SEZ refund of input services utilised in exports before Committee approval 

CESTAT allows refund of service tax under Notification No. 17/2011-ST against exports by SEZ unit, prior to approval of input services by SEZ Approval Committee; Input services utilised in exports and...View More

CNG retail outlet staff training not 'input service'; However, demand time barred 

CESTAT disallows service tax credit on training of persons dispensing CNG at retail outlets, however, sets aside demand on limitation; Accepts Revenue contention that, since training undertaken of sta...View More

Refuses to intervene with anti-dumping duty discontinuation on 'Pentaerythritol' imports from Sweden 

CESTAT rejects domestic industry’s appeal u/s 9C of Customs Tariff Act, finds no reason to intervene with Designated Authority’s Final Findings to discontinue anti-dumping duty levied on i...View More

'Space shortage' an "exceptional circumstance", allows duty-free finished goods storage outside factory 

CESTAT allows extension of permission for final goods storage outside factory premises without duty, where assessee demonstrated “exceptional circumstances” w.r.t. 'nature of goods' and 's...View More

Third Member follows LB ruling; Works contract divisible pre-2007; Invokes extended limitation

Third Member of CESTAT rules in Revenue’s favour, composite works contract can be vivisected even prior to June 1, 2007 & service portion discernible therein can be subjected to service tax ...View More

Disallows SSI exemption on joint use of third party brand name, logo 

CESTAT disallows SSI exemption on manufacture of mixer-grinders under third party brand name and logo, in terms of Notification No. 8/2003-CE; Rejects assessee’s contention that brand name joint...View More