CESTAT Rulings


EPCG benefit unavailable absent export obligation fulfilment intention; Demand not time barred 

Export Promotion Capital Goods (EPCG) benefit deniable and duty demand not time-barred where goods imported in violation of EPCG scheme; Import absent facility to use capital goods for manufacture eit...View More

Export Cargo Handling part of 'CHA service'; Separate mention in invoice irrelevant

CESTAT grants service tax refund on ‘Export Cargo Handling charges’ paid to Customs House Agent (CHA) by exporter, in terms of Notification No. 17/2009-ST; Rejects Revenue contention that ...View More

Allows tax refund on services wholly consumed within SEZ despite ab initio exemption

CESTAT allows refund of tax paid on services wholly consumed within SEZ, holds refund not deniable to service recipient for procedural infraction of having paid service tax which ought not to have bee...View More

No exemption on imported optical fibre cables; However, demand hit by limitation

Customs duty exemption under Notification No. 24/2005-Cus unavailable on import of Optical Fibre Cables, such goods classifiable under Customs Tariff Heading (CTH) 9001, not CTH 8544; Relies on co-ord...View More

Exemption notification restrictive; Doors not windmill generator parts; Refers to Larger Bench

CESTAT denies excise duty exemption under Notification No. 6/2006-CE on anchor rings, load spreading plates used in windmill towers and foundation, such goods not classifiable as “wind operated ...View More

Demand towards undervaluation of goods cleared against invalidated licenses hit by limitation

CESTAT quashes partial differential duty demand towards undervaluation of finished goods cleared against invalidated advance licenses from June 2002 to December 2005, on the basis of limitation; Asses...View More

Denies SSI exemption; Brand owner's nature of activities irrelevant to determine eligibility 

CESTAT disallows SSI exemption benefit under Notification No. 8/2003-CE w.r.t. goods manufactured using brand name 'Ribbons & Balloons' belonging to another company viz. Bharat Cafe Pvt. Ltd.; Rej...View More

Grant-in-aid not 'consideration'; Mineral exploration by PSU for Govt. non-taxable absent 'service' 

CESTAT quashes demand on Public Sector Undertaking towards mineral exploration activities undertaken against Govt. of India (Ministry of Mines) grant-in-aid; Activity appropriately classifiable as &ld...View More

Refund of customs duty expensed in import year, hit by unjust enrichment

CESTAT dismisses appeal, rejects refund of excess customs duty expensed out in year of importation by relying on SC ruling in Solar Pesticides; Amount shown as ‘receivable’ in succeeding y...View More

Maintenance charges collected by Cooperative Housing Societies from members non-taxable 

No service tax payable by Cooperative Housing Societies as “club or association” on maintenance charges collected from members inter alia towards repairs, beautification and security, u/s ...View More