CESTAT Rulings


Upholds, confiscation for incorrect RSP declaration in BoE, MRP assessment pre-March 2008 

CESTAT allows Revenue appeal, upholds confiscation of goods u/s 111(d) of Customs Act and countervailing duty (CVD) liability basis actual maximum retail price (MRP) u/s 4A of Central Excise Act, on a...View More

Grants refund for 'permanent work cessation' though factory reopened within week of closure 

CESTAT grants refund of excise duty paid in relation to gutkha / pan masala manufacture, upon 6 days of closure of factory, under Rule 16 of Pan Masala (Packing Machine Capacity Determination & Co...View More

Lumpsum turnkey project for Plant set-up consitutes "works contract", not taxable pre-2007 

CESTAT allows assessees’ appeals, lumpsum turnkey contract for setting up of Nitric Acid Plant constitutes a “works contract”, not taxable prior to June 2007; Rejects Revenue’s...View More

Service export complete on foreign exchange receipt; Rule 5 refund not time barred 

CESTAT confirms refund of unutilised CENVAT credit under Rule 5 of CENVAT Credit Rules on export of services; Rejects Revenue’s stand that since claim filed beyond 1 year from date of export as ...View More

Buyer's promotion / advertising expenditure constitutes 'additional consideration'; Follows Indorama Synthetics ruling 

CESTAT allows Revenue appeal, expenditure incurred for advertising and promoting assessee’s product by Coca Cola India Ltd (buyer), includible in assessable value as ‘additional considerat...View More

No duty recoverable from bonafide Scrip / license purchasers towards fraudulent exports overvaluation 

CESTAT grants respite to transferees of DEPB scrips / DFIAs (assessees), no liability imposable towards overvaluation of export goods by original scrip / license holders and assessees entitled to avai...View More

Media costs towards advertisement campaign abroad for India's Tourism Ministry not taxable

No service tax payable on amount recovered as media cost from Ministry of Tourism, Govt. of India towards advertisement campaigns in New York, Paris and London; Rejects Revenue contention that such am...View More

No service tax on entrance fees collected by clubs / associations from members 

CESTAT rules on taxability of clubs or associations, entrance fees collected from new members not exigible to service tax u/s 65(105)(zzze) r/w Sec 65(25aa) of Finance Act; Although ‘principle o...View More

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