CESTAT Rulings


Pune factory's credit non-utilisable against Mumbai property; Rejects HC ratio's expansive interpretation 

CESTAT upholds disallowance of CENVAT credit utilisation of input services such as repair & maintenance service, legal & CHA services availed at factory in Pune towards dispensing service tax ...View More

Quashes retrospective reverse charge demand on GTO services; L.H. Sugar Factories Ltd reigns 

CESTAT upholds Commissioner (Appeals) order which set aside retrospective service tax demand on recipient of Goods Transport Operator (GTO) services, consequent to enactment of Finance Act 2003; Follo...View More

Foreign brokers commission for diamond imports taxable, but restricted to normal limitation 

CESTAT upholds demand under reverse charge mechanism in respect of commission remitted to foreign entity acting as broker of rough diamonds, though restricting same to normal limitation period; Issue ...View More

Upholds Revenue classification; Grain transportation machines nothing but dutiable "conveyors & elevators" 

CESTAT confirms duty demand, machines used for transportation of grain within factory or for storage or feeding into certain machines classifiable under CETH 8428 as “conveyors and elevators&rdq...View More

Grants excess duty refund; Dealer 'turnover discount' not "expense reimbursement", deduction admissible 

CESTAT grants excess duty refund to assessee, deduction of turnover / quantity discount admissible since same linked to quantum of goods purchased by dealers in a month and varies from dealer to deale...View More

 No deviation from GTL Infrastructure; Allows 'towers' credit to Telecom Infrastructure Cos 

CESTAT allows CENVAT credit on capital goods and input services utilised in telecom towers constructed / erected for purpose of providing Business Support Services; Finds no reason to deviate from vie...View More

Erroneous refund recoverable u/s 73 from sanction order date; Revision proceedings conclusion inconsequential

CESTAT dismisses Revenue appeal, show cause notice for recovery of service tax erroneously refunded must be issued within 1 year from date of sanction order, in terms of Sec 73(1) of Finance Act absen...View More

Follows 'PTC Software' ruling; Credit refund available on employee group insurance, parking rentals 

CESTAT sets aside Commissioner (Appeals) order which rejected input service refund claim in respect of employees group insurance mediclaim premium and car parking rentals, as not directly related to s...View More

Rejects Revenue's reliance on void Circular; No Cess where import duty exempt

CESTAT upholds Commissioner (Appeals) order, 2% Education Cess inapplicable on goods imported under Target Plus Scheme, when basic customs duty (BCD) and additional customs duty (CVD) exempt vide Noti...View More

Quashes "absurd" demand confirmation, when taxability of 'flaps' ruled in assessee's favour 

Once duty demand set aside for any reason, amount already paid / deposited, either under protest or otherwise, cannot be held as valid or justified on merit; Rejects Revenue contention that since asse...View More