CESTAT Rulings


Grants refund; Amount collected by Revenue, where 'tax' not leviable, constitutes 'deposit' 

CESTAT grants refund of service tax erroneously paid on port services availed in course of export transaction, since service rendered beyond / outside India; Rejects Revenue contention that assessee p...View More

Intermediate product for coloring toys excisable as 'paint'; Short shelf life inconsequential

CESTAT upholds Commissioner's findings, intermediate product manufactured by assessee after mixing various chemicals and used for coloring of toys, dutiable as 'paint' under CETH 32.08; Rejects assess...View More

Upholds Revenue classification; Denies 'Nil' rate benefit on manufactured rubber products 

CESTAT accepts Revenue classification of ‘processed rubber sheet’ and ‘compounded rubber cord’ under CETH 4005.90 and 4006.90 respectively, thereby denying NIL rate benefit to ...View More

Co-owners not jointly or severally liable for property leased in individual capacity 

CESTAT upholds ​Commissioner (Appeals) findings that co-owners of property not jointly or severally liable ​to service tax under “Renting of Immovable Property Service​"​ category; Notes...View More

Grants rebate; 'Custodial services' towards foreign institutional investments in India constitute 'exports' 

CESTAT grants rebate under Notification No. 11/2005-ST for period May 2006 to February 2007, on custodial services provided to Foreign Institutional Investors (FIIs); Observes that, 'banking and other...View More

Inter-connection charges paid by ISP to another, not "online database access/retrieval service" 

Amount recovered from small time internet service providers (ISPs) who took connection from assessee for rendering services to their customers, not taxable as "online database access or retrieval ...View More

Accepts Revenue classification; 'Base frame' not integral to industrial pumps, mere 'accessory' 

CESTAT upholds Revenue classification of industrial pump ‘base frames’ under residuary entry of CETH 8485, in lieu of CETH 8413 as claimed by manufacturer-assessee; Rejects assessee’...View More

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