CESTAT Rulings


Third Member condemns assessee's non-appearance during hearings, but remands for 'natural justice' 

Third Member criticizes assessee’s conduct before Adjudicating Authority in not appearing during various personal hearings, however in interest of justice, remands matter for Commissioner’...View More

Allows input credit to principal, despite goods manufacture & export by job-worker

CESTAT allows CENVAT credit to principal-manufacturer (assessee) despite use of imported goods in manufacture of finished goods on job-work basis and export thereof from job-worker’s premises; A...View More

Maintenance deposit collected by builder before society formation non-taxable; Follows earlier ruling 

‘One-time maintenance charges’ collected by builder-assessee from flat purchasers not exigible to service tax u/s 65(105)(zzg) of Finance Act as “maintenance or repair services&rdquo...View More

Re-packing / labelling constitutes 'manufacture' under EXIM Policy; EOU entitled to duty-free procurements 

Re-packing / labelling of goods by EOU amounts to ‘manufacture’ in terms of definition contained in EXIM Policy, benefit of duty free procurement extendable under Notification No. 52/2003-...View More

Professional fees / brokerage for land sale by HO, eligible as credit to factory 

CESTAT allows CENVAT credit against Input Service Distributor (ISD) invoices in relation to professional fees & brokerage for sale of company land by HO; Accepts assessee’s contention that b...View More

'Gross' commission for auto loan marketing taxable, Vehicle sale 'incentive' not taxable 

Gross Commission received by authorised dealer of Hyundai Motors India Ltd. (HMIL), from Banks/Financial Institution for marketing loan, taxable, under 'Business Auxiliary Service' (BAS), upholds exte...View More

Cannot enforce 'option', suo-moto proportionate credit reversal on traded goods, substantial compliance 

CESTAT allows assessee’s appeal, proportionate input service credit payment / reversal attributable to traded goods under Rule 6(3A) of CENVAT Credit Rules, 2004 (CCR), along with interest, a su...View More

Larger bench resolves pre-2006 credit card services taxability in favour of banks

Delhi CESTAT LB grants relief to banks, income earned by way of settlement transaction between Banks and Merchant establishment, not taxable pre-May 2006 as "Banking and other Financial Services" (BoF...View More

Course fee sharing with authorized training centre, not taxable as 'franchise service' 

Fees received by assessee, a society recognized as ‘Scientific and Industrial Research Organisation’ by Ministries of Science & Technology and Communications & Information Technolo...View More

Allows 'capital goods' credit on nitrogen storage cylinders & welding electrodes 

Cylinders used for storing nitrogen gas in factory eligible for capital goods credit as ‘storage tanks’ under Rule 2(a)(vii) of CENVAT Credit Rules 2004 (CCR); Nitrogen Gas used in analyti...View More