CESTAT Rulings


Input credit irreversible upon finished goods exemption, pre-March 2007; Applies TAFE ratio 

CESTAT allows CENVAT credit on inputs lying in stock when finished products, viz. computers became exempt, prior to March 2007; Rule 11(3) of CENVAT Credit Rules providing for reversal of credit on go...View More

TR-6 challan valid document for availing CVD credit; Distinguishes Gujarat HC ruling 

TR-6 challan a valid document for availing credit of additional customs duty / countervailing duty (CVD) paid on jumbo rolls of cinematographic film purchased through Customs auction; During relevant ...View More

Free recharge vouchers distributed to dealers as SIM cards sale commission, non-taxable

No service tax payable on recharge vouchers distributed free of cost to dealers as commission for sale of pre-paid SIM cards by them; During the period April 2003 to September 2006, Explanation to Sec...View More

'Service' not confined to 4 corners of factory; Rented premises credit admissible pre-registration 

CESTAT allows CENVAT credit in respect of service tax paid on renting of premises, before inclusion of same in Central Excise Registration of factory; Said premises used for storage of goods and hence...View More

Remnant cleared to job-worker an 'intermediate input', non-excisable; Applies Larger Bench ratio 

No excise duty payable on removal of waste / remnant for melting by job-worker situated in same premises when subsequently used in excisable goods within factory of manufacture, CESTAT relies on Large...View More

Split verdict on 'ship management contract' vivisection, taxing 'repair / maintenance' component pre-2006 

Third Member to decide taxability of services of ‘operation, maintenance and management’ of vessels owned by ONGC prior to May 2006 and consequently, entitlement of refund of service tax p...View More

Security service at company guesthouse admissible as "input service"; Distinguishes MRF ruling 

Security service provided at company guesthouse admissible as “input service” under Rule 2(l) of CENVAT Credit Rules; Rejects Revenue contention that said service has no nexus with manufac...View More

Follows Essel Propack ratio; GTA credit available basis TR-6 Challan pre-June 2005 

CESTAT sets aside adjudication order which denied CENVAT credit of service tax paid on Goods Transport Agency (GTA) services, under TR-6 Challan prior to June 16, 2005; Follows Bombay HC’s ratio...View More

Split verdict on taxability of foreign 'finance arrangement' services under reverse charge 

Third Member to decide taxability of services rendered by 'Mandated Lead Arrangers' (MLAs) abroad in relation to arranging finance (syndicated loans) for assessee, as also fees paid to Agent Banks for...View More

Amount forcibly recovered a 'deposit' not 'duty', refund not time-barred; Demands re-adjudication 

CESTAT remands matter relating to refund denial by Commissioner (Appeals), where Revenue failed to consider 'proof of export' submitted by assessee and for non-availability of re-warehousing certifica...View More