CESTAT Rulings


Onsite fabrication of pipeline prima facie exempt; 'Stay order' passed in ignorance rectifiable 

CESTAT grants stay, RCC pipe and manhole shaft (classifiable under Chapter 68 of Central Excise Tariff), supplied and fabricated at site, prima-facie eligible for exemption under Notification No. 5/20...View More

Absent service charges, interest receipt by bank against hypothecation loan non-taxable 

No service tax payable by bank on interest received against hypothecation loan, where no service charges collected in this regard; Interest being consideration for liquidity forgone by Bank due to len...View More

Heavy storage racks embedded to earth constitute "immovable property"; Piecemeal clearance non-taxable 

CESTAT sets aside excise duty demand, ‘heavy storage racks’ erected onsite by embedding into earth for storage of industrial engineering goods constitute “immovable property”; ...View More

Can't utilise CENVAT Credit towards payment of wrongly collected tax on sponsorship 

CESTAT upholds tax liability on IPL Cricket Association, cannot utilise CENVAT credit for payment / deposit of amount collected as service tax, when not required to do so, in terms of Sec 73A(2) of Fi...View More

Larger Bench 3-2 upholds taxability of services in works contracts pre-2007 

CESTAT 5 Member Larger Bench rules 3-2 on taxability of service element in composite works contract prior to June 2007; Larger Bench examines whether issue squarely covered by Delhi HC’s G.D. Bu...View More

Split verdict on pre-deposit / CENVAT credit admissibility on pipelines laid by contractors 

CESTAT refers to Third Member, issue of pre-deposit in respect of CENVAT credit availed on inputs, input services and capital goods supplied to contractors for laying pipelines on job-work basis; Acco...View More

Third Member grants partial relief; Sec 78 penalty not imposable towards helicopter charter-hire 

CESTAT Third Member rules on levy of penalty u/s 76 and 78 of Finance Act on assessee rendering helicopter charter-hire services to corporates towards off-shore operations; Concurs with Member (Judici...View More

Sharing expenses for 'storage tank' usage, taxable under 'Storage and Warehousing' service 

CESTAT upholds taxability w.r.t. HCN (Hydro Cynic Acid) received from Reliance Industries Ltd. (RIL) and supplied to another company for a consideration, under 'Storage and Warehousing Service', howev...View More

Border-fence erection along Indo-Bangla Border, non-taxable as "erection, commissioning or installation service" 

Stand-alone activity of erecting border-fencing structure along the Indo-Bangladesh border, pursuant to MoU between Ministry of Home Affairs and Govt. Agencies, not taxable as “erection, commiss...View More

Deloitte granted relief, Credit restriction inapplicable where exemption notification benefit not opted 

CESTAT allows Deloitte's appeal, no prohibition under service tax law on service providers to pay tax where Notification provides exemption, holds 20% credit availment restriction under Rule 6 of CENV...View More