CESTAT Rulings


Allows excess duty refund pursuant to self assessed Bill of Entry

CESTAT allows refund of excess customs duty paid under a self-assessment of Bill of Entry (BoE), u/s 27 of Customs Act w.e.f. April 8, 2011; As eligibility of exemption Notification No. 12/12-CE undis...View More

Exemption unavailable where imported road construction equipment diverted violating actual user condition

CESTAT denies exemption under Notification No. 21/2002-Cus on import of stone crushing plant and hot mix plant pursuant to project / contract awarded by MMRDA & Gujarat Govt for construction of ro...View More

Seismic survey = scientific research, vessel classifiable under CTH 8906; Condemns penalty on Shipping Surveyor

CESTAT allows assessee’s appeal, rejects Revenue classification of imported ‘Seismic Survey Vessel’ under CTH 8905 covering vessels which perform their main function in stationary po...View More

Extends area based exemption; Banding single soap packs into combos constitutes 'manufacture' 

Banding single pack of soaps into combo packs for Hindustan Unilever Ltd. (HUL) makes them marketable, constitutes manufacture u/s 2(f) of Central Excise Act r/w Note 6 to Chapter 34 of Central Excise...View More

Upholds anti-dumping duty; Sale price of inputs from non-market economy unreliable

CESTAT upholds imposition of anti-dumping duty on import of rubber chemical from Korean company (exporter) basis reconstructed cost of production adopting international price of major raw material / i...View More

Absent provision u/s 11BB of Excise Act, no interest payable on 'interest refund' 

CESTAT dismisses appeal, no 'interest' payable on refundable interest amount from Department absent any legal provision thereof; Though the word ‘interest’ added to Sec 11B of Central Exci...View More

Third Member favours assessee; "Managing / running" of Taj Lands End not a 'service' 

No service tax payable under ‘Management Consultancy Service’ category on running, operating and managing of Taj Lands End Ltd’s entire hotel business by The Indian Hotels Co. Ltd. (...View More

Lease confers no 'proprietary interest'; Upholds compounded duty levy on fabric manufacturer 

Leasing of knitting unit / factory does not tantamount to ‘acquisition of proprietary interest’ therein, assessee liable to excise duty under compounded scheme as “independent proces...View More

Quashes demand basis Co. Director qualification; Conducting survey not "consulting engineer service" 

Conducting route survey, geotechnical, soil investigation and other types of surveys for GAIL & ONGC taxable as “Survey and Map Making Service” w.e.f. June 2005, not “Consulting ...View More

Can't enforce exemption Notification upon assessee; Capital goods credit demand unsustainable 

Revenue cannot force assessee to avail exemption benefit because no ‘input’ credit availed and consequently raise demand i.r.o. ‘capital goods’ credit under Rule 6(4) of CENVAT...View More