CESTAT Rulings


Charges for Govt teachers' salary disbursement not "commission"; Demand under 'BAS' unsustainable 

Service charges received by Bank from Zilla Parishad for disbursement of Govt teachers’ salaries do not constitute ‘commission’, though entered in books of account as “commissi...View More

Rejects "related person" valuation; Sale to interconnected undertakings assessable at 'transaction value' 

CESTAT allows assessee’s appeal, sets aside valuation of goods sold to interconnected undertakings under Rule 8 / 9 of Central Excise Valuation Rules; Merely because the buyers are interconnecte...View More

Technical documentation received for production of fighter aircraft, not Scientific Consultancy Service 

Services rendered by a Govt. of India organisation, with a foreign based firm,under an agreement entered for license technical documentation transfer for production of fighter aircraft, not taxable un...View More

No CENVAT payable on removal, where assets purchased outrightly and 'predecessor' availed credit 

CESTAT sets aside adjudicating authority’s order, credit not reversible /payable on capital goods removed by assessee to its sister concern, when said capital goods were purchased by assessee un...View More

Entire foregone import duty recoverable upon EOU de-bonding, for conditions non-fulfilment pre-2003 

CESTAT dismisses assessee’s appeal, upholds demand of full duty foregone, upon de-bonding, where assessee imported goods duty free as 100% EOU but failed to fulfil conditions of Notification No....View More

Exempts 'helicopter' imported for transportation to/from oil rigs for companies, person includes 'company' 

Provision of services using helicopter to oil companies i.e. ONGC / British Petroleum, for transportation of person, materials to/from various oil rigs, same qualifies as ‘non-scheduled passenge...View More

Distributors subscription towards representational & selling rights taxable as 'franchise service' 

CESTAT upholds service tax demand on subscription received towards representational rights granted to various distributors to sell company products, under ‘Franchise Service’ category; Acc...View More

Allows CENVAT credit on inputs utilised in fabrication / manufacture of capital goods 

CESTAT allows CENVAT credit on items such as channels, angles and coil plates used in fabrication of capital goods, which are further utilised in factory of production; Rejects Revenue’s content...View More

Upholds interest & penalty levy where demand on account of 'undervaluation' uncontested 

CESTAT upholds levy of interest and penalty on supply of goods to sister concern and automotive industries, towards non-addition of 10% cost of production and non-inclusion of free supplies of tools &...View More

Upholds Credit reversal basis turnover, towards 'trading' pre-2011; Applies Mercedes Benz ratio

CESTAT upholds CENVAT credit reversal w.r.t. trading activity on turnover basis where assessee engaged in both manufacturing as well as trading, relies on Mercedes Benz ruling and rejects assessee&rsq...View More