CESTAT Rulings


Abatement available upon suo motu reversal of ineligible CENVAT credit; Distinguishes SC ruling 

CESTAT allows abatement under Notification No. 1/2006-ST, where ineligible CENVAT credit reversed alongwith interest by assessee suo motu, upon realisation that CENVAT credit wrongly availed; Relies o...View More

Food supplied by co-operative society at client's premises, constitutes "outdoor catering service" 

Preparation & serving of food to client’s employees at their premises taxable as “outdoor catering services” u/s 65(41)(n) r/w Sec 65(24) and 65(76a) of Finance Act; Rejects asse...View More

Octroi collection not 'cash management', outside "banking & other financial service" purview 

Collection and deposit of octroi & transit fees on behalf of local municipal bodies & cantonment board, non-taxable under “banking and other financial services” as ‘cash mana...View More

Upholds tax discharge on 'net charges'; Container relocation between Terminals 'revenue neutral' 

CESTAT upholds service tax discharge on ‘net charges’, where wrongly offloaded containers relocated by Container Handling Terminal to other Terminal, and invoice raised after adjustment of...View More

Technical testing services complete on acceptance of report abroad, qualify as 'export' 

CESTAT allows assessee’s appeal, technical testing & analysis in India qualifies as ‘export of services’ where reports sent abroad for approval; Observes, “….even th...View More

Construction of 12+ independent row houses non-taxable as "construction of complex service" 

CESTAT grants service tax refund u/s 11B of Central Excise Act, no tax leviable under “construction of complex service”, where 12 or more independent residential units / row houses with co...View More

Electricity supplied for power grid synchronisation construable as 'job-work'; Input credit non-reversible

Absent ‘sale’, CENVAT credit of furnace oil not reversible on wheeling out of electricity generated in captive power plant, to State Electricity Board power grid for synchronisation; Notes...View More

Split verdict on credit refund entitlement towards software 'maintenance & repair' exports 

Third Member to decide entitlement of CENVAT credit refund on export of “management, maintenance or repair service”, being services of (i) maintenance of software, (ii) testing, (iii) re-e...View More

Steals assessee's "mental peace"; 'Meditation' courses taxable as "Health & Fitness service" 

‘Meditation’ courses for a consideration exigible to service tax as “Health and Fitness Service” u/s 65(105)(zw) r/w Sec 65(51) of Finance Act; CESTAT rejects assessee’s ...View More

Trademark royalty non-taxable; Technical assistance constitutes 'export', albeit taxable as "management consultancy" 

CESTAT quashes service tax demand on ‘royalty’ received towards allowing use of trademark, holding same classifiable as “Intellectual Property Service” w.e.f. September 10, 200...View More