CESTAT Rulings


Split verdict on credit refund entitlement towards software 'maintenance & repair' exports 

Third Member to decide entitlement of CENVAT credit refund on export of “management, maintenance or repair service”, being services of (i) maintenance of software, (ii) testing, (iii) re-e...View More

Steals assessee's "mental peace"; 'Meditation' courses taxable as "Health & Fitness service" 

‘Meditation’ courses for a consideration exigible to service tax as “Health and Fitness Service” u/s 65(105)(zw) r/w Sec 65(51) of Finance Act; CESTAT rejects assessee’s ...View More

Trademark royalty non-taxable; Technical assistance constitutes 'export', albeit taxable as "management consultancy" 

CESTAT quashes service tax demand on ‘royalty’ received towards allowing use of trademark, holding same classifiable as “Intellectual Property Service” w.e.f. September 10, 200...View More

Grants input credit refund of rent to holding company through debit note 

CESTAT allows refund of service tax credit on 'renting of immovable property' service to assessee, pursuant to sub-lease arragement with holding company; Rejects Commissioner's finding that debit note...View More

Allows proportionate duty discharge on pan-masala basis additional machines; Applies HC ruling 

CESTAT allows proportionate excise duty payment / abatement on manufactured guthka, pan masala and chewing tobacco, excluding duty attributable to number of days factory remained closed in particular ...View More

Exempts supplies to mega power project; Non-fulfillment of Notification's inapplicable condition, irrelevant 

CESTAT grants exemption on supplies against ICB, meant for setting-up mega power project, viz. interstate thermal power plant, under Notification No. 6/02-CE and 6/06-CE, in light of fulfilment of con...View More

Payment receipt immaterial; Services exported pre-April 2012 not includible in subsequent period's turnover 

CESTAT rejects Revenue appeal, upholds Commissioner (Appeals) order excluding value of export services completed prior to March 31, 2012 for purpose of calculating ‘export turnover’ toward...View More

Can't enforce payment basis exempted goods value, where proportionate input credit reversed

Demand equal to 10% of sale value of exempted final product under Rule 6(3)(b) of CENVAT Credit Rules unsustainable, when assessee reversed proportionate credit on common inputs attributable...View More

Allows credit on inputs found defective during processing / assembling of wrist watches 

CESTAT allows MODVAT credit on inputs found defective during processing / assembling of wrist watches, in terms of Rule 57D of erstwhile Central Excise Rules, 1944; Rejects Revenue contention that inp...View More

Grants refund; Providing synergy between overseas entity & Indian call-centres, constitutes 'export' 

CESTAT grants refund of unutilised input service credit, business support services provided to overseas associated enterprise qualify as ‘export’; Applies Paul Merchants ratio, which was r...View More