CESTAT Rulings


Infrastructural facilities to plot-owners by State Corporation a sovereign function, not taxable

Provision of infrastructural facilities like maintenance of roads, street lights to plot owners by State Corporation constituted under Maharashtra Industrial Development Act, not liable to tax; Reject...View More

Must calculate refund limitation from date of goods clearance on price revision 

Excess duty refund u/s 11B of Central Excise Act consequent to downward revision of product price admissible since it was filed within 1 year from clearance of goods from factory; Rejects Revenue cont...View More

Absent technical assistance / consultancy, providing data on magnetic tapes not 'Consulting Engineer Service' 

Activity of providing sub-surface data on magnetic tapes to ONGC not taxable as ‘Consulting Engineer Service’; Absent analysis of data collected / recorded, no technical assistance / consu...View More

Contract carriage not 'tourist vehicle'; Employee transportation not 'tour operator service' pre-Sept 2004 

Contract Carriage Vehicles providing to ​& fro ​​bus transportation to Company employees not 'tourist vehicle​s​'; ​Prior to Sept​ember​ 2004​,​ only person engaged in operatin...View More

Beverage company ineligible for credit on quality control services at bottler’s premises

CENVAT Credit prima-facie unavailable on quality control & testing services provided by third party at bottler’s premises, absent any integral connection with soft drink concentrate manufact...View More

Third Member allows input credit on slitting / pickling of HR coils; Sec 5B inapplicable 

Third Member concurs with Member (Judicial), allows input credit​ on H.R. Coils subjected to process of ​slit​ting​​ & pickling​ ​and cleared on payment of duty; ​Rejects Revenue c...View More

Lambasts Revenue for non-disbursal of refund; Threatens "Court Contempt" against erring officials 

Lambasts Revenue for not disbursing rebate / refund despite Tribunal’s clear direction to dispose of claim within one month; Tribunal sanctioned refund after considering all relevant documents, ...View More

Allows SAD exemption & Education Cess credit utilisation on EOU - DTA stock transfer

CESTAT allows Special Additional Duty (SAD) exemption on stock transfer by EOU to units in DTA under Notification No. 23/2003-CE; A plain interpretation of condition that ‘goods must not be exem...View More

No tax payable on construction and maintenance of sub-stations for electricity transmission 

Construction and maintenance of sub-stations for Maharashtra State Electricity Transmission Co. exempt from service tax under Notification No.45/2010​-ST​; Said Notification exempt​s​ taxable ...View More

Charter-hiring oil drilling rigs beyond territorial waters taxable as 'tangible goods supply'

Charter hire of oil drilling rigs for operation in Continental Shelf / Exclusive Economic Zone of India, beyond territorial waters, taxable as ‘supply of tangible goods for use’ service u/...View More