CESTAT Rulings


Royalty not includible absent relation or sale pre-condition of imported goods 

CESTAT allows assessee appeal, royalty paid to associate companies under Trade Mark License Agreement not includible in imported goods value in terms of Rule 10(1)(c) of the Customs Valuation Rules; T...View More

Overrules 'Ramky' decision; Turnkey / EPC contracts taxable as 'Commercial / Industrial Construction Services' pre-2007 

CESTAT LB rules on taxability of Turnkey / EPC projects undertaken by Govt / Govt undertakings; Laying of pipelines / conduits for lift irrigation systems and involving associated activities like tren...View More

LB rules on 'motor vehicles' classification; Motor Vehicles Act standards / norms applicable 

Chapter 87 of Central Excise Tariff Act in para materia with Motor Vehicles Act, CESTAT Larger Bench holds that norms & standards laid down for classification of vehicle under Motor Vehicles Act t...View More

Pre-deposit mandatory during 'appeal filing'; Assessee's attempt to postpone to 'entertainment' stage, futile 

Pre-deposit u/s 35F of Central Excise Act / Sec 129E of Customs Act of adjudged duty or penalty or both, as the case may be, to be mandatorily made at the time of filing appeal itself; Rejects assesse...View More

Where goods transferred between depots, price prevailing during 'actual' depot sale relevant 

Goods transferred from factory to a depot and subsequently to another depot, to be evaluated at price prevailing at subsequent depot from where goods actually sold, in terms of Rule 7 of Central Excis...View More

Allows refund claim of accumulated input service credit, absent drawback claim thereof 

CESTAT allows assessee's service tax refund claim of accumulated CENVAT credit under CENVAT Credit Rules, 2004 (CCR), absent any material evidence demonstrating drawback claim in respect thereof; Noti...View More

Duty payment default beyond 30 days, Credit unavailable, Gujarat HC Indsur ruling inapplicable 

CESTAT dismisses assessee’s rectification application in matter of CENVAT credit availability under Rule 8(3A) of Central Excise Rules, 2002 in case of default in payment of excise duty beyond 3...View More

Trading profit not taxable w.r.t services rendered, Nature of transaction distinct / different 

Profit earned in sale / purchase transactions not liable to service tax, in respect of service rendered as 'sole selling agent' for manufacturer; Assessee undertaking two separate functions under same...View More

Upholds oil-marketing company's liability; Co-branding / promoting associate manufacturer goods taxable as 'BAS' 

CESTAT upholds service tax demand on oil marketing company, co-branding and extending distributor network for marketing of rubber hoses, LPG stoves, pressure cookers by manufacturers, taxable as &lsqu...View More

Jt. DGFT clarification binding; MGO/HSD freely importable under ITC(HS); No confiscation/penalty 

CESTAT allows assessees’ appeals, opinion/clarification issued by Jt. DGFT to be considered as clarification issued by DGFT and same binding on Customs Authorities as far as ITC restrictions con...View More