CESTAT Rulings


No respite for RBI subsidiary; 'Deposit insurance' taxable as "general insurance business" 

Bank deposit insurance by RBI subsidiary, Deposit Insurance & Credit Guarantee Corporation (DICGC), taxable as “general insurance business service”, u/s 65(49) r/w Sec 65(105)(d) of Fi...View More

Applies Bharti Airtel ratio; Disallows 'telecom towers' credit, but restricts to normal limitation

CESTAT disallows ‘capital goods’ / ‘inputs’ credit to telecom operators on shared towers / pre-fabricated buildings, i.e. ‘passive telecom infrastructure’ for rende...View More

Where importer's case decided by Settlement Commission, proceedings against co-noticees shall cease 

CESTAT allows appeal, holds that once case is decided by Settlement Commission in respect of an importer, proceedings against co-noticees shall cease; Conjoint reading of Sec. 127A(b), 127F and 127J o...View More

Distinguishes Bharti Airtel ratio; Input credit available on passive telecom infrastructure erection 

CESTAT allows CENVAT credit on inputs used in erection / fabrication of passive telecom infrastructure provided on shareable basis to various telecom operators, taxable as “Business Support Serv...View More

Big respite to Telecom Co.; Parent entity's advance a 'loan', not 'service consideration' 

CESTAT grants respite to telecom infrastructure company, quashes service tax demand on Rs 1493 crores advanced by holding company for setting up after demerger; Combined reading of Master Service Agre...View More

Postage a 'duty', non-taxable as 'expenditure'; Quashes "Share Transfer services" demand pre-2006 

CESTAT rules out taxability of postage expenditure reimbursed by "Share Transfer Agent & Registrar to an Issue" from client companies; As per Sec 2(f) of The Indian Post Office Act, ‘postage...View More

Dissects Indsur Global ratio; Upholds confiscation & penalty for Rule 8(3A) violation 

CESTAT upholds confiscation of goods cleared in contravention of Rule 8(3A) of Central Excise Rules without payment of excise duty either before statutory due date or before 30 days grace period; Asse...View More

Allows exemption on exhibition jewellery re-import; 60 days limit under FTP not 'prohibition' 

CESTAT allows customs duty exemption on re-import of gold jewellery sent overseas for exhibition, under Notification No. 94/1996-Cus; Sets aside Adjudicating Authority order which held that since good...View More

Third Member upholds interest demand within one year of pre-notice duty payment 

Third Member rules on time limit for demanding 'interest' on differential duty paid suo moto prior to issuance of show cause notice, concurs with Member (Technical) that interest demanded within one y...View More

Third Member rules against petroleum co.; Transportation costs upto 'depot' taxable 

Third Member rules on includability of transportation charges in determining transaction value of petroleum products sold to ONGC from depot; Concurs with Member (Technical), as sale takes place at de...View More