CESTAT Rulings


Chemiking / spotting process akin to 'washing', not ‘manufacture’ absent new marketable product

CESTAT rules in favour of assessee in second round of litigation, process of chemiking and spotting of fabrics does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Said activit...View More

Interprets amended Sec 35F; Pre-deposit mandatory; Adjudicating order / show cause notice date irrelevant 

CESTAT dismisses appeals on maintainability, pre-deposit under amended Sec 35F of Central Excise Act mandatory before filing appeal and therefore, asssessees’ contention of non-applicability of ...View More

Disallows input credit attributable to trading pre-July 2012; Applies Mercedez Benz ratio 

CESTAT disallows credit of service tax on common input services used for providing output service as well as for trading activity, in proportion of trading turnover; As held in Mercedez Benz India (P)...View More

Printed forms with Central Railway details, not for general use, not 'marketable'

Goods printed with name and details of Central Railway (CR), not 'marketable', as printed material not for general use, sets aside duty demand on ground of classification and marketability; Various pr...View More

Allows EPCG benefit on 'Rolls Royce' import, No impediment in use by Chairman

CESTAT allows benefit of concessional rate under EPCG scheme on import of 'Rolls Royce" for tourist purpose, no impediment in vehicle use by Chairman and Managing Director (CMD) / staff of assessee (i...View More

Sets aside differential demand w.r.t. variation in moisture content of imported goods

CESTAT dismisses Revenue's appeal, rejects differential duty demand on account of variation in moisture content of copper concentrate, at time of loading and importation, absent any change in invoice ...View More

Buyers premises = 'Place of removal'; Allows input credit on outward GTA service 

CESTAT dismisses Revenue appeal, determines ‘place of removal’ and allows CENVAT credit on outward GTA service; Rejects Revenue contention that transportation service availed from factory ...View More

Upholds GTA service credit distribution by Head Office to manufacturing unit 

CESTAT allows CENVAT credit on Goods Transport Agency (GTA) service discharged by Registered Office (RO) and distributed to manufacturing unit, as Input Service Distributor (ISD); Relies on coordinate...View More

Sugarcane transport by individual truck-owners, not 'GTA service'; Reverse charge demand unsustainable

CESTAT allows assessee's appeal, amount paid to individual truck owners towards inward transportation of sugarcane, not 'Goods Transport Agency' (GTA) service; Notes that assessee being a sugar manufa...View More

Upholds declared export value; Re-determination applying 'residual method' basis market enquiry, inappropriate 

CESTAT upholds transaction value declared during export of “football goalkeeper gloves of leather”, thereby allowing duty drawback claimed thereon; Rejects Revenue’s re-determination...View More