CESTAT Rulings


Split verdict on input credit eligibility towards manufacture of "Ferro-Aluminium Alloy" products

Third Member of CESTAT to determine commercial viability of prime aluminium articles such as ingots, wires & scrap, procured for use in manufacture of "Ferro Aluminium Alloy" product and availabil...View More

Applies FEMA Regulations; Allows 'export' refund albeit receipt of INR through FIRCs 

CESTAT allows refund of input service credit against export of services albeit receipt of consideration in Indian Rupees; Rejects Revenue contention that absent receipt of consideration in convertible...View More

Waives pre-deposit; No distinction between private & public ports; Construction prima facie exempt 

CESTAT grants partial relief by waiving pre-deposit towards demand of Rs 43.74 Cr in respect of ‘Commercial or Industrial Construction Service’ (CICS), states assessee prima facie eligible...View More

Assembling lottery terminal components into complete unit, constitutes 'manufacture'; Customs classification irrelevant 

Activity of assembling various components and making a complete unit of lottery terminal amounts to ‘manufacture’, exigible to excise duty; Rejects assessee’s contention that lottery...View More

Allows CG credit; 'Intention', not temporary exclusive use for exempt product, relevant 

CESTAT allows CENVAT credit on capital goods used for manufacture of aerated drinks, thereby quashing Revenue demand basis exclusive use in manufacture of exempted final product viz. “Mango Slic...View More

Third Member rules in assessee's favour; Affixing additional label amounts to 'manufacture' 

Third Member of CESTAT rules in favour of assessee, concurs with Member (Judicial) that affixing additional label on cartons received at Taloja plant from Jammu unit (availing area based exemption) an...View More

Project Import benefit available where contract registered before goods clearance from warehouse 

CESTAT allows Project Import benefit under CTH 98.01 of Customs Tariff Act r/w Project Import Regulations (PIR), where contract registered with customs house post importation of goods, but before clea...View More

Interprets 'interconnected undertakings'; Upholds Rule 10 valuation; But restricts demand to normal limitation 

CESTAT upholds valuation of HDPE / PP Bags manufactured and sold through ‘interconnected undertakings’ under Rule 11 r/w Rule 10(a) of Central Excise Valuation Rules; Rejects assessee&rsqu...View More

Sales marketing & promotion by foreign entity taxable post-2006 under reverse charge 

CESTAT upholds partial service tax demand on IT Co. towards sales marketing and promotion services received from foreign entity; Such activities fall within the definition of 'Business Auxiliary Servi...View More

Rejects 'transaction value' enhancement absent exact quantification of 'additional consideration' to Frit-manufacturers 

CESTAT grants major reprieve to ‘Frit’ manufacturers in Gujarat, quashes Revenue's large scale demand towards clandestine removal and undervaluation of Ceramic Glazed Frits sold to Tile ma...View More