CESTAT Rulings


Upholds MRP valuation for Electrical appliances free distribution under State Govt Scheme 

CESTAT upholds MRP valuation of Electric Fans, Grinders, Mixers supplied to Tamil Nadu Civil Supplies Corporation (TNCSC) for free distribution among families holding Rice Cards, under State Govt Sche...View More

Upholds demand; 'Horn Controllers' classifable as part of "Air Horns", not "motor-vehicles"

CESTAT upholds Revenue classification of ‘Horn Controller’ as “part of Air Horn” under CETH 8512 of Central Excise Tariff Act, in lieu of CETH 8708 as “part of Motor Vehi...View More

Upholds 'cost plus' valuation for related party imports; Assessing Authority's reasoning "impeccable"

CESTAT upholds transaction value on related party imports at 'Cost Plus’ method, taking in account raw material cost, manufacturing cost and profit margin of 25%; Commissioner (Appeals) rejectio...View More

Revenue's demand 'ridiculous'; Vehicle repairing / servicing non-taxable as "technical inspection service"

Repair, maintenance and servicing of motor vehicles for Tata Motors Ltd, not taxable as “Technical Inspection & Certification” services; Replacing / rectifying some damaged / defective...View More

Shipping / barging charges part of imported goods value, non-taxable as 'Cargo Service' 

Shipping / barging charges towards transportation of imported goods from mother vessel not taxable under 'cargo handling services' u/s 65(23) r/w Sec 65(105)(zr) of Finance Act; Sec 14 of Cu...View More

Services received by overseas branches non-taxable; Local GST / VAT payment relevant

No tax applicable on services received by overseas branches on which local (country) VAT / GST already paid; Rejects Revenue contention that such branch offices act only as facilitators and that servi...View More

'Manufacture' under EXIM Policy, not Excise, relevant for Advance Licenses; Waives pre-deposit 

CESTAT allows customs duty exemption on import of bulk drugs through high seas sale under Advance Licenses, for manufacture and export of compacted drugs; Rejects Revenue contention that process of co...View More

Transportation charges for depot sale - taxable or not? Third Member to decide

2 Member Bench refers matter on inclusion of transportation charges in assessable value of petroleum goods supplied to ONGC from depot, to Third Member; As per Member (Technical), since sale takes pla...View More

Allows EPCG benefit to Hotelier; Different classification for customs & ITC(HS) purpose unsustainable

CESTAT allows import of ‘calcareous stone’ by Hotelier, on availment of EPCG Scheme benefit under Notification No. 103/2009-Cus; Rejects Adjudicating Authority’s classification of go...View More

Mumbai Police deployment for events prima facie not 'Security Agency services'; Waives pre-deposit 

Services provided by Mumbai Police to individuals / organisations for private and public events prima facie not taxable as ‘Security Agency Services’ u/s 65(94) r/w Sec 65(105)(w) of Finan...View More