CESTAT Rulings


Car-parking-system erection taxable as 'ECI' service; Adjudicating Authority to determine "structure" nature

CESTAT allows appeal by way of remand, Adjudicating Authority to determine if multi-car parking system with hydraulic lifts for developers constitutes “structure” to be taxable under &lsqu...View More

Allows 'goods replacement' margin deduction; Duty payable on wholesale, not retail price 

CESTAT grants partial respite to assessee, 2% margin provided to co. distributors / consignment agents towards replacement of damaged goods not includible in assessable value; Rejects Revenue contenti...View More

Allows extension to store goods outside factory absent duty, since request 'genuine'

CESTAT allows assessee's request for extension / renewal of permission to store goods for export purpose outside factory, without payment of duty on ground of shortage of space, as per provisions of R...View More

Charges for Govt teachers' salary disbursement not "commission"; Demand under 'BAS' unsustainable 

Service charges received by Bank from Zilla Parishad for disbursement of Govt teachers’ salaries do not constitute ‘commission’, though entered in books of account as “commissi...View More

Rejects "related person" valuation; Sale to interconnected undertakings assessable at 'transaction value' 

CESTAT allows assessee’s appeal, sets aside valuation of goods sold to interconnected undertakings under Rule 8 / 9 of Central Excise Valuation Rules; Merely because the buyers are interconnecte...View More

Technical documentation received for production of fighter aircraft, not Scientific Consultancy Service 

Services rendered by a Govt. of India organisation, with a foreign based firm,under an agreement entered for license technical documentation transfer for production of fighter aircraft, not taxable un...View More

No CENVAT payable on removal, where assets purchased outrightly and 'predecessor' availed credit 

CESTAT sets aside adjudicating authority’s order, credit not reversible /payable on capital goods removed by assessee to its sister concern, when said capital goods were purchased by assessee un...View More

Entire foregone import duty recoverable upon EOU de-bonding, for conditions non-fulfilment pre-2003 

CESTAT dismisses assessee’s appeal, upholds demand of full duty foregone, upon de-bonding, where assessee imported goods duty free as 100% EOU but failed to fulfil conditions of Notification No....View More

Exempts 'helicopter' imported for transportation to/from oil rigs for companies, person includes 'company' 

Provision of services using helicopter to oil companies i.e. ONGC / British Petroleum, for transportation of person, materials to/from various oil rigs, same qualifies as ‘non-scheduled passenge...View More

Distributors subscription towards representational & selling rights taxable as 'franchise service' 

CESTAT upholds service tax demand on subscription received towards representational rights granted to various distributors to sell company products, under ‘Franchise Service’ category; Acc...View More