CESTAT Rulings


Staff deputation under 'compromise scheme' in Co. winding-up, not "manpower supply service" 

Supply & appointment of staff under ‘compromise scheme’ approved by Bombay HC pursuant to company winding up petition, not taxable as “manpower recruitment and supply agency serv...View More

'Inputs' storage outside factory absent permission, liable to 'confiscation'; However, deletes penalty 

'Inputs' storage in godown situated outside factory without necessary permission and without reversal of appropriate CENVAT credit amounts to contravention of provisions of CENVAT Credit Rules, 2004, ...View More

Rejects Sec. 11B refund; Can't claim duty-free export once 'special rebate' procedure opted 

CESTAT upholds rejection of excise duty refund u/s 11B of Central Excise Act on export of goods to Nepal; Only two options available during such export viz. rebate (grantable to Nepal Govt.) under Not...View More

Tests essential 'for' manufacture, allows credit on capital goods, inputs for R&D 

CESTAT allows CENVAT credit on inputs and capital goods used exclusively in Research & Development (R&D) and Quality Control Laboratory, situated inside factory premises for manufacture of 'te...View More

Abatement available upon suo motu reversal of ineligible Credit; Exempts captive 'jetty' construction

CESTAT allows abatement under Notification No. 1/2006-ST where CENVAT credit on input services reversed along with interest, relies on Allahabad HC judgment in Hello Minerals Water (P) Ltd.; Distingui...View More

Grants refund; Works contract, interior decoration eligible 'input services'; Refers own ruling

CESTAT allows assessee's appeal, holds various services i.e. works contract, civil construction, interior decoration, architect, as eligible 'input services', allows refund thereof as being used for '...View More

‘Offshore Supply vessel', also used for 'towing operations', not classifiable as 'tug' 

CESTAT allows assessee's appeal, 'vessel' designed as 'offshore supply vessel' (OSV) for transport of persons and cargo, despite having towing facility, classifiable under Customs Tariff Heading (CTH)...View More

Third Member upholds RSP valuation of imported tiles sold at higher price post clearance

Third Member of CESTAT rules in favour of Revenue, concurs with Member (Technical) that reference to Sec 4A of Central Excise Act applicable to tiles sold to dealers / consumers at price higher than M...View More

Denies input credit; Cutting, slitting of self-adhesive film / paper, not 'manufacture' 

Cutting / slitting of self-adhesive film / paper imported in jumbo rolls not 'manufacture', CENVAT credit ineligible on inputs / capital goods used in relation thereto; Relies on SC decision in S.R. T...View More

Cannot ascribe 'relevant date' to unutilised CENVAT credit refund; 1 year limitation inapplicable 

No one year time limit as envisaged u/s 11B of Central Excise Act applicable to refund of unutilised input services credit under Rule 5 of CENVAT Credit Rules; Said Rule contemplates refund of CENVAT ...View More