CESTAT Rulings


Interprets 'interconnected undertakings'; Upholds Rule 10 valuation; But restricts demand to normal limitation 

CESTAT upholds valuation of HDPE / PP Bags manufactured and sold through ‘interconnected undertakings’ under Rule 11 r/w Rule 10(a) of Central Excise Valuation Rules; Rejects assessee&rsqu...View More

Sales marketing & promotion by foreign entity taxable post-2006 under reverse charge 

CESTAT upholds partial service tax demand on IT Co. towards sales marketing and promotion services received from foreign entity; Such activities fall within the definition of 'Business Auxiliary Servi...View More

Rejects 'transaction value' enhancement absent exact quantification of 'additional consideration' to Frit-manufacturers 

CESTAT grants major reprieve to ‘Frit’ manufacturers in Gujarat, quashes Revenue's large scale demand towards clandestine removal and undervaluation of Ceramic Glazed Frits sold to Tile ma...View More

Interest recovery on wrongly availed credit barred by limitation; Applies 'TVS Whirlpool' ratio 

Interest recovery u/s 11AB of Central Excise Act on suo motu reversal of wrongly availed CENVAT credit barred by limitation; On plain reading of Sec 11AB, it is clear that interest on delayed duty pay...View More

No duty payable on capitalized duty-free machinery spare parts during EOU debonding 

CESTAT allows assessee's appeal, no duty payable on spare parts imported duty free to replace damaged and worn out parts of machinery and capitalised as part of 'capital goods', when in-principle appr...View More

Commission to overseas agent non-taxable as 'BAS' under reverse charge mechanism 

CESTAT grants service tax exemption under Notification No. 14/2004-ST on commission paid to overseas agents for procuring textile export orders, thereby rejecting Revenue’s demand for service ta...View More

Rejects Revenue's "economic non-viability" contention; Allows input credit against 'scrap' manufacture 

CESTAT allows input credit on indigenously procured / imported Copper Ingots, Wire Bars, Copper Alloy, Ship Breaking material for copper scrap manufacture; Rejects Revenue contention that it is econom...View More

Allows Compounded Levy benefit; Adjudicating Authority cannot suo motu estimate valuation ignoring CA certification 

CESTAT allows benefit of Compounded Levy Scheme under Rule 96ZNA to 96ZNB of erstwhile Central Excise Rules 1944, holds Adjudicating Authority unjustified in rejecting valuation of investment in plant...View More

Allows input credit on soap supplied in combi-packs; Applies Prime Healthcare ratio 

CESTAT upholds Commissioner (Appeals) order, allows input credit on detergent soap supplied free with 500 gms of detergent powder in a combi-pack; Assessee rightly discharged excise duty at MRP value ...View More

Quashes extra-duty-deposit on related party imports; Discount not necessarily accountable to relationship 

CESTAT quashes 1% Extra Duty Deposit demand on related party import of electronic automation parts, absent finalisation of assessment under ‘special valuation’ within prescribed period; Re...View More