CESTAT Rulings


Allows credit; External Commercial Borrowings 'in relation to' business; Applies GMR ratio 

CESTAT allows CENVAT credit of service tax paid on reverse charge basis towards external commercial borrowings (ECB), under ‘banking and other financial services’ category; Relying on coor...View More

Stationery charges, godown rent reimbursed to C&F Agent, non-taxable; Valuation Rules inapplicable 

Fixed stationery charges, godown rent and establishment charges reimbursed by client not includible in gross value of taxable services rendered by C&F Agent; Rule 5 of Service Tax (Determination o...View More

'Labels' bearing customer's brand name, covered under "stickers"; Extends SSI exemption benefit 

CESTAT allows SSI exemption benefit on clearances of labels, manufactured bearing customer’s brand name, under clause (e) of Para 4 of amended Notification No. 8/2003-CE; Said clause (e) extends...View More

Allows credit refund; Management consultancy services to foreign entity qualify as 'export' 

CESTAT allows input service credit refund against investment advisory & management consultancy services provided to foreign entity; Sets aside Commissioner (Appeals) order which rejected the refun...View More

Grants credit refund of Dry Dock fabrication despite Nil rated final product 

CESTAT allows assessee’s appeal, grants refund of unutilised ​CENVAT credit to 100% EOU on inputs, input services and capital goods used for fabrication of Dry Dock, towards ship building...View More

Grants pre-deposit waiver to CHA; Transportation freight prima facie not liable to tax 

CESTAT grants full waiver of pre-deposit and stay against recovery, a licensed ocean transportation intermediary prima facie not liable to service tax on freight collected towards transportation servi...View More

‘Saw Dust’ merely manufacturing by-product; Credit available on dutiable & non-dutiable products 

‘Saw Dust’ merely a refuse / by-product generated whilst manufacturing dutiable final products, hence entitled to avail entire credit of duty paid (dutiable and non-dutiable products) in t...View More

Rejected goods testing, not 'manufacture'; CENVAT credit availed on return thereof, reversible 

CESTAT rejects assessee's appeal, process of testing rejected goods on return not 'manufacture', requires reversal of CENVAT credit availed under Rule 16(1) of Central Excise Rules 2002, on goods remo...View More

'Calendar' with religious, cultural information constitutes a "book"; Publishing advertisements therein non-taxable

CESTAT dismisses Revenue appeal, publishing advertisements in “Kaldarshika” calendar not taxable u/s 65(105)(zzzm) as ‘sale of space for advertisement service’; Rejects Revenue...View More

Delivery charges collected from customers not includible in petroleum products' assessable value

CESTAT sets aside Adjudicating Authority's order, delivery & road freight subsidy charges collected from customers, not includible in assessable value of petroleum products cleared from warehouse/...View More