CESTAT Rulings


General observation with cogent material on deliberate suppression etc, necessary to sustain penalty 

CESTAT Hyderabad holds that in order to levy penalty u/s 73(3) of the Finance Act, the Department must bring out anything substantive or positive on record about deliberate and intentional suppression...View More

Quashes Duty on Aromatic Compounds captively consumed for Agarbatti manufacturing, Citing Lack of Marketability 

CESTAT Mumbai quashes excise duty demand on aromatic compounds used captively within the factory to manufacture ‘Agarbatties’ by the assessee; States that since the aromatic compound used ...View More

Quashes refund rejection to Accenture on input-services received in SEZ-unit basis procedural infirmities 

CESTAT Mumbai holds that “exemption benefits by way of refund, extended to taxable services provided to SEZ under Section 26 of the Special Economic Zones Act, 2005 cannot be denied on the groun...View More

CENVAT-credit cannot be denied if service tax on non-service activity is accepted by Revenue 

CESTAT Mumbai sets-aside and remands matter with respect to the issue of availment of CENVAT-credit of service tax paid on input services which go into provision of passengers service fee, development...View More

Denies refund to Tech-Mahindra w.r.t on-site services provided to customers abroad 

CESTAT Mumbai dismisses batch of appeals filed by Tech-Mahindra (Assessee) in respect of refund of accumulated unutilized CENVAT-Credit w.r.t on-site services provided to its overseas customers throug...View More

License fees already subjected to VAT cannot be taxed again under IT software services 

CESTAT Chennai holds that the licence fee collected from the corporate clients, on which the assessee has paid VAT treating it as sale, cannot be once again included in the taxable value of service re...View More

Exempting maintenance-and-repairs-services to electricity lines pre-negative-list regime, sustains liability as works-contract post-negative-list 

CESTAT Allahabad exempts service-tax liability on maintenance and repair facilities provided to State Electricity Board prior to 1st July 2012; Squarely follows the ruling of CESTAT New Delhi in a ple...View More

Endorsing Assessee’s services classification as GTA, exonerates transaction from tax liability under cargo-handling 

CESTAT Delhi allows Assessee’s appeal endorsing the classification of its services as Goods-Transport-Agency defined u/s-65B(26) of Finance Act, 1994 as opposed to Revenue’s proposal to le...View More

Drops demand against advertising service provider for difference in P&L-return figures; Allows credit on lease rentals 

CESTAT Allahabad drops demand against the Assessee, providing advertising services on unipole/rooftop for alleged evasion of service tax on the ground of difference in figures of Profit & Loss A/c...View More

Remands matter as order not ‘properly served’ on Assessee 

CESTAT Chennai remands the matter of excise duty demand on assessee, holding that the order-in-original was not properly served on the Assessee; Observes that while the SCN was served at the address a...View More