CESTAT Rulings


Classifies Assessee’s promotion and marketing services to its Australian-counterpart to be export of services 

CESTAT Chandigarh drops demand on promotion and marketing services provided by Assessee to its Australian counter-part treating the same as export of services; Rejecting Revenue’s interpretation...View More

Quashes revaluation of imported Steel Scrap as they were warehoused and were to re-export 

CESTAT Mumbai sets aside the order revaluing ‘stainless steel scrap’ imported by Assessee for re-export, finding that the goods were warehoused and did not enter domestic circulation, rend...View More

Classifying Filling-Widening work as ‘works-contract’, rejects ‘monsoon-patrolling’ classification as supply-of-manpower-services 

CESTAT Kolkata grants relief to the Assessee rendering “Filling of ash at different low lying area and widening of cess along MGR track of Rly” to NTPC as works contract as opposed to Reve...View More

Allows refund of unutilized CENVAT credit upon surrender of service tax registration 

CESTAT Kolkata allows refund of unutilized CENVAT credit to Assessee engaged in construction of residential buildings, on surrender of service tax registration post cessation of taxable services;Inter...View More

Without consignment note, goods transport via hired vehicle not GTA service 

CESTAT Kolkata exonerates Assessee from payment of service-tax under RCM on receipt of transportation services through hired vehicles noting absence of issuance of consignment notes by the transporter...View More

‘Interconnected undertaking’ not sufficient evidence of ‘related person’ for rejecting valuation 

CESTAT Mumbai sets aside order confirming central excise duty demand at the rate of 110% on clearance of excisable goods (M.S. Ingots) by assessee to its associated company, finding that Department ha...View More

No service tax on advances, subsequently refunded to customers 

CESTAT Allahabad holds that “no service tax is chargeable on the basis of invoice which was issued before completion of work” since essential condition of ‘completion of service&rsqu...View More

CISF liable to service tax for security services; Quashes penalty considering ‘genuine’ interpretational-issue 

CESTAT Hyderabad confirms service tax demand on Central Industrial Security Force (CISF) under the head ‘Security Agency Services’ along with interest, however, sets aside penalty absent &...View More

Sets-aside MRP based assessment for Switchgears intended for ‘industrial use’ 

CESTAT Chandigarh finds no infirmity in assessing of Switchgers by Assessee u/s 4 of Central Excise Act, 1944; Opines that “Revenue has not made out any case for assessment under Section 4A, des...View More

Sales-Tax retained by ATM-part's manufacturer under NPV scheme not includible in Assessable Value 

CESTAT Mumbai holds that sales tax/VAT retained by the assessee-unit (manufacturing parts of ATM) under the “Net Present Value” (NPV) scheme is not includible in the assessable value; Sett...View More