CESTAT Rulings


Upholds Revenue classification; Grain transportation machines nothing but dutiable "conveyors & elevators" 

CESTAT confirms duty demand, machines used for transportation of grain within factory or for storage or feeding into certain machines classifiable under CETH 8428 as “conveyors and elevators&rdq...View More

Grants excess duty refund; Dealer 'turnover discount' not "expense reimbursement", deduction admissible 

CESTAT grants excess duty refund to assessee, deduction of turnover / quantity discount admissible since same linked to quantum of goods purchased by dealers in a month and varies from dealer to deale...View More

 No deviation from GTL Infrastructure; Allows 'towers' credit to Telecom Infrastructure Cos 

CESTAT allows CENVAT credit on capital goods and input services utilised in telecom towers constructed / erected for purpose of providing Business Support Services; Finds no reason to deviate from vie...View More

Erroneous refund recoverable u/s 73 from sanction order date; Revision proceedings conclusion inconsequential

CESTAT dismisses Revenue appeal, show cause notice for recovery of service tax erroneously refunded must be issued within 1 year from date of sanction order, in terms of Sec 73(1) of Finance Act absen...View More

Follows 'PTC Software' ruling; Credit refund available on employee group insurance, parking rentals 

CESTAT sets aside Commissioner (Appeals) order which rejected input service refund claim in respect of employees group insurance mediclaim premium and car parking rentals, as not directly related to s...View More

Rejects Revenue's reliance on void Circular; No Cess where import duty exempt

CESTAT upholds Commissioner (Appeals) order, 2% Education Cess inapplicable on goods imported under Target Plus Scheme, when basic customs duty (BCD) and additional customs duty (CVD) exempt vide Noti...View More

Quashes "absurd" demand confirmation, when taxability of 'flaps' ruled in assessee's favour 

Once duty demand set aside for any reason, amount already paid / deposited, either under protest or otherwise, cannot be held as valid or justified on merit; Rejects Revenue contention that since asse...View More

Allows 'air travel agent' service credit on company personnel business travels 

CESTAT upholds Commissioner (Appeal) order, allows CENVAT credit on 'Air Travel Agent' service where assessee engaged in works contract and company personnel travel for business purposes to and fro va...View More

Quashes penalty applying 'revenue neutrality' principle, though tax paid after show cause 

CESTAT sets aside recovery of interest and imposition of penalty on ground of 'revenue neutrality', where service tax paid after show cause notice issuance but before passing of adjudication order, si...View More

Making 'Pencil slats' from timber logs, constitutes "manufacture"; 'Res judicata' against Revenue inapplicable

Process of making ‘pencil slats’ from wooden logs (timber) constitutes “manufacture”, such product specifically covered under sub-heading 4421909 of Central Excise Tariff Act; ...View More