CESTAT Rulings


Paid image downloading taxable as 'online information & database access / retrieval service' 

CESTAT upholds service tax demand on charges collected by ‘stock photography agency’ towards downloading of images by clients for limited use & period, u/s 65(75) r/w Sec 65(105)(zh) o...View More

Grants exemption on 'Intravenous Cannula', a medical equipment; Applies Saberwal Surgical ratio 

CESTAT grants excise duty exemption on manufacture of ‘Intravenous Cannula’ (IV Cannula) a medical instrument, under Notification No. 6/03-CE r/w Notification No. 6/06-CE; Said instrument ...View More

Crates, trolleys, welding tables used indirectly in manufacture, eligible for 'input' credit 

CESTAT sets aside Commissioner (Appeals) order, allows ‘input’ credit on plastic crates, trolleys, welding table and welding chair utilised during manufacturing process; Plastic crates use...View More

Allows suo-moto re-credit of CENVAT credit reversed, absent dispute regarding entitlement thereof

CESTAT sets aside Commissioner (Appeals) order, allows re-credit of CENVAT credit reversed, absent any dispute regarding assessee’s entitlement thereof; Accepts assessee's contention that CENVAT...View More

Third Member waives pre-deposit; Credit prima facie admissible on pipelines laid by contractors

Third Member of CESTAT waives pre-deposit, concurs with Member (Judicial) that CENVAT credit prima facie available in respect of contractor services utilised for laying down & commissioning of pip...View More

Upholds transaction value rejection; 'Phenol' import undervalued vis-a-vis prevailing international competitive price 

CESTAT upholds rejection of transaction value declared on import of phenol, basis contemporaneous imports of similar quantity of identical goods from same overseas supplier by other importers at highe...View More

Warehouse period extension application entertainable, despite being filed beyond stipulated period expiry 

CESTAT allows assessee's appeal, application filed for extension of warehousing period, after expiry of stipulated period of 1 year, entertainable; Bare perusal of customs law indicates that there is ...View More

Chemiking / spotting process akin to 'washing', not ‘manufacture’ absent new marketable product

CESTAT rules in favour of assessee in second round of litigation, process of chemiking and spotting of fabrics does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Said activit...View More

Interprets amended Sec 35F; Pre-deposit mandatory; Adjudicating order / show cause notice date irrelevant 

CESTAT dismisses appeals on maintainability, pre-deposit under amended Sec 35F of Central Excise Act mandatory before filing appeal and therefore, asssessees’ contention of non-applicability of ...View More

Disallows input credit attributable to trading pre-July 2012; Applies Mercedez Benz ratio 

CESTAT disallows credit of service tax on common input services used for providing output service as well as for trading activity, in proportion of trading turnover; As held in Mercedez Benz India (P)...View More