CESTAT Rulings


1 year refund limitation for SEZs determinable from actual 'tax payment', not 'advances' 

One year limitation for filing refund claim under Notification No. 40/2012-ST by SEZ Co-developer to be reckoned from 'service tax' payment date, not from date of 'advance payment' to service provider...View More

Cannot restrict credit refund to extent of ST-3 Return amount for quarter

Input services credit refundable under Rule 5 of CENVAT Credit Rules r/w Notification No. 5/2006-CE (NT) to the extent of accumulated credit lying at end of the period for which refund relates; Noting...View More

Collection of EXIM documentation charges for Principal not taxable as 'BAS' pre-June 2005 

CESTAT allows assessee’s appeal, documentation charges relating to Bill of Lading (B/L) re-issue and surrender, administration charges collected directly from customers not taxable as 'Business ...View More

Grants credit of commission agent services for 'sales promotion'; Follows Birla Corp. 

CESTAT rules in assessee’s favour, CENVAT credit available on commission paid to agents for “sales promotion” under Business Auxiliary Service; Notes that assessee not only selling g...View More

Distributor commission under Co.'s 'multi-level marketing scheme' taxable as "Business Auxiliary Service" 

CESTAT dismisses assessees' appeal, commission received from binary network company under 'multilevel marketing scheme', taxable as 'Business Auxiliary Service' (BAS) u/s 65(19) of Finance Act, 1994; ...View More

Quashes CVD demand on Set-Top-Box imports absent subscriber 'sale'; MRP valuation inapplicable 

Set Top Boxes (STBs) entrusted to subscriber for viewing TV channels, not governed by Legal Metrology (Package Commodity) Rules (Rules) and hence not liable to countervailing duty (CVD) on import basi...View More

Quashes demand; 'Toll collection' not service "auxiliary / incidental" to National Highway maintenance 

CESTAT quashes service tax demand u/s 65(19) viz. “Business Auxiliary Service” category on collection of toll on National Highways; Rejects Revenue contention that assessee an agent / repr...View More

President uses inherent powers, Refers telecom operators credit issue to Larger Bench 

CESTAT President refers issue pertaining to admissibility of CENVAT credit on telecom towers to 3 Member Larger Bench, in lieu of reference to Third Member; Calls for tagging of present appeals with t...View More

Grants partial respite to Housing Association; Exhibition fees from members not taxable 

CESTAT partially allows Housing Industry Association’s appeal, fees collected from member-builders towards organisation of exhibition not taxable as ‘Business Auxiliary Service’; Rel...View More

Stock inputs' credit irreversible upon switching to accounts segregation for dutiable / exempted goods 

CESTAT rules in assessee’s favour, manufacturer not required to reverse credit of inputs available in stores, work-in-progress and in finished goods before switching over to Rule 6(2) scheme und...View More