CESTAT Rulings


No tax prima-facie on collateral lending; Amount retained constitutes 'interest on loan'

Service tax prima-facie inapplicable on amount retained by Bank while advancing loan through Clearing Corporation of India (CCIL); Such transaction of collateral borrowing and lending amounts to givin...View More

Allows concessional rate benefit on Imaging plate / IP Casette as X-ray machine 'accessory' 

CESTAT allows concessional rate benefit of 5% under Notification No. 21/2002-Cus. (NT) on Imaging Plates (IP) and IP Casettes as accessories of X-ray machine; Exemption benefit available under Sr. no....View More

Allows credit of plant installation, Service beyond 'place of removal' irrelevant factor 

CESTAT allows credit of plant installation/erection service at customers' premises, where entire contract a composite one, and no extra consideration recovered for these services; Relies upon decision...View More

Customs duty inapplicable on burning loss generated during manufacture in bonded warehouse

Burning loss arising during manufacture in a customs bonded warehouse (CBW), not liable to customs duty u/s 65(2) of Customs Act, 1962, as waste and scrap; Assessee availed benefit of Notification No....View More

Airliner only 'beneficiary', not liable on lender to foreign institute loan guarantee

No service tax payable on insurance guarantee given by BNP Paribas to COFACE France towards loan extended to Airliner to purchase aircrafts; Rejects Revenue contention that transaction taxable in the ...View More

If appeal within limitation, presentation before wrong forum no bar for consideration 

Date of filing appeal papers & receipt thereof albeit in wrong office / forum, must be considered as “appeal filing date” for the purpose of Sec 35 of Central Excise Act; Appeal must b...View More

Software imported for BSNL's exclusive use not "packaged software"; Duty exemption available

CESTAT allows exemption benefit under Notification Nos. 21/2002-Cus and 6/2006-CE on import of software on CDs by telecommunication equipment manufacturer; Said Notifications exempt “customized ...View More

Certification of 'use' sufficient to claim exemption on supplies to UN body

CESTAT extends excise duty exemption on supply of goods to UNICEF in terms of Notification No. 108/95-CE, despite non-mention of excise duty component in UN Certificate; Notification allows exemption ...View More

Allows credit distribution of services availed by EOU to DTA unit pre-2012 

CESTAT allows assessee’s Head Office, an Input Service Distributor, to distribute credit of services availed by one unit (an EOU) to another unit in DTA; Rejects Revenue contention that overseas...View More

LB settles metal by-products excisability post - 2008; ‘Manufacture’ & ‘marketability’ tests satisfied

CESTAT LB confirms excise levy on “Aluminium dross and skimmings”, by-products arising in course of manufacture of aluminium / non-ferrous metal products, post May 10, 2008; Twin tests of ...View More