CESTAT Rulings


Erection, commissioning of imported equipment a condition of sale; Design / engineering charges taxable 

​Charges for design​, engineering ​and technical supervision of equipment imported for erection, commissioning​ and installation of plant,​ ​includible in assessable value, liable to custo...View More

Third Member denies Anti-dumping duty exemption against transferred authorisation imports

Third Member of CESTAT concurs with Member (Technical), denies Anti-dumping Duty (ADD) exemption under Notification No. 98/2009-Cus on imports against transferred Duty Free Import Authorisation (DFIA)...View More

SEZ refunds on higher platform than Sec 11B; Interest payable on delayed sanction

​​CESTAT upholds ​interest on ​refund ​delay in respect of services rendered to SEZ unit; Rejects Revenue contention that Notification No. 9/2009-ST​,​ as amended by Notification No. 15/...View More

Dealer staff training, programme membership fees not 'additional consideration' for motorcycle sale

Recovery of contributory expenses (viz. hall charges, training equipment) from dealers towards staff training not includible in assessable / transaction value of motorcycles u/s 4 of Central Excise Ac...View More

Extends exemption on yarn; 'Manufacturer' = individual factory, not 'legal entity' / 'group companies' in toto

CESTAT extends exemption to Partially Oriented Yarn (POY) under Notification No. 30/2004-CE to assessees’ factory / factories undertaking subsequent processing like texturising / draw twisting; ...View More

Denies advertising credit for manufacturing "soft drinks concentrate", as final products exempt

CESTAT denies utilisation of CENVAT credit distributed through Input Service Distributor (ISD) invoice in respect of advertising services availed for exempt final products, towards manufacture of soft...View More

Cannot restrict credit to 'common inputs' in formula while calculating Rule 6(3A) reversal 

Must consider “total CENVAT credit taken on input services during the financial year” while determining credit reversal amount as per formula prescribed under Rule 6(3A) of CENVAT Credit R...View More

Commission by money transfer agents in India non-taxable under reverse charge 

Commission received by Indian agents of Western Union for transfer of money from abroad to India not taxable under reverse charge mechanism as ‘Business Auxiliary Service’; Since considera...View More

Tax discharge by Division on parent company's behalf prima facie sustainable; Waives pre-deposit

Discharge of service tax for use of brand name under ‘intellectual property service’ category by a division on behalf of parent company prima facie allowable, since it is part and parcel o...View More

Third Member to decide Reviewing Authority's power to travel beyond SCN for refunds 

2 Member Bench refers matter on Reviewing Authority's power to go beyond Show Cause Notice (SCN) in refund cases to Third Member; As per Member (Technical), refund claim governed by Sec 27 of Customs ...View More