CESTAT Rulings


Allows CENVAT credit on inputs utilised in fabrication / manufacture of capital goods 

CESTAT allows CENVAT credit on items such as channels, angles and coil plates used in fabrication of capital goods, which are further utilised in factory of production; Rejects Revenue’s content...View More

Upholds interest & penalty levy where demand on account of 'undervaluation' uncontested 

CESTAT upholds levy of interest and penalty on supply of goods to sister concern and automotive industries, towards non-addition of 10% cost of production and non-inclusion of free supplies of tools &...View More

Upholds Credit reversal basis turnover, towards 'trading' pre-2011; Applies Mercedes Benz ratio

CESTAT upholds CENVAT credit reversal w.r.t. trading activity on turnover basis where assessee engaged in both manufacturing as well as trading, relies on Mercedes Benz ruling and rejects assessee&rsq...View More

Split verdict on input credit eligibility towards manufacture of "Ferro-Aluminium Alloy" products

Third Member of CESTAT to determine commercial viability of prime aluminium articles such as ingots, wires & scrap, procured for use in manufacture of "Ferro Aluminium Alloy" product and availabil...View More

Applies FEMA Regulations; Allows 'export' refund albeit receipt of INR through FIRCs 

CESTAT allows refund of input service credit against export of services albeit receipt of consideration in Indian Rupees; Rejects Revenue contention that absent receipt of consideration in convertible...View More

Waives pre-deposit; No distinction between private & public ports; Construction prima facie exempt 

CESTAT grants partial relief by waiving pre-deposit towards demand of Rs 43.74 Cr in respect of ‘Commercial or Industrial Construction Service’ (CICS), states assessee prima facie eligible...View More

Assembling lottery terminal components into complete unit, constitutes 'manufacture'; Customs classification irrelevant 

Activity of assembling various components and making a complete unit of lottery terminal amounts to ‘manufacture’, exigible to excise duty; Rejects assessee’s contention that lottery...View More

Allows CG credit; 'Intention', not temporary exclusive use for exempt product, relevant 

CESTAT allows CENVAT credit on capital goods used for manufacture of aerated drinks, thereby quashing Revenue demand basis exclusive use in manufacture of exempted final product viz. “Mango Slic...View More

Third Member rules in assessee's favour; Affixing additional label amounts to 'manufacture' 

Third Member of CESTAT rules in favour of assessee, concurs with Member (Judicial) that affixing additional label on cartons received at Taloja plant from Jammu unit (availing area based exemption) an...View More

Project Import benefit available where contract registered before goods clearance from warehouse 

CESTAT allows Project Import benefit under CTH 98.01 of Customs Tariff Act r/w Project Import Regulations (PIR), where contract registered with customs house post importation of goods, but before clea...View More