CESTAT Rulings


TV advertising solicitation from domestic & foreign advertisers taxable as 'broadcasting service' 

CESTAT upholds service tax on television advertising solicitation in India on behalf of foreign broadcaster as ‘broadcasting services’ u/s 65(105)(zk) r/w Sec 65(15) & (16) of Finance ...View More

Land leasing by Govt Corporation not sovereign function, taxable as 'renting service'

Lease of land by Maharashtra Industrial Development Corporation (MIDC) for construction of building not a sovereign function, prima-facie taxable as 'renting of immovable property service'; Corporatio...View More

Bill discounting by banks not loan, interest income liable to service tax

CESTAT rules on service tax applicability on interest received by Bank​ ​on bill discounting facility extended to customers; Interest charged /​ ​collected thereby includible in value of taxab...View More

Allows credit on towers used for providing 'passive infrastructure'; Distinguishes Airtel ruling

CESTAT allows input service credit on towers / Base Transceiver Station cabins used for providing output service of Passive Telecom Infrastructure; Distinguishes Tribunal ruling in Bharti Airtel,...View More

Quashes Commissioner's order without reasons, as wholly perverse; Allows outward GTA credit

CESTAT quashes Commissioner’s order disallowing CENVAT credit on outward transportation charges on FOR sales; Relies on rulings of Chattisgarh HC in own case and P&H in Ambuja Cement; Said o...View More

Audio-visual coverage of IPL matches for BCCI taxable as 'programme producer services' 

Audio-visual coverage of Indian Premier League (IPL) matches for and on behalf of BCCI by non-resident service providers taxable on reverse charge basis as ‘programme producer services’ pr...View More

Consignment Agent clearing Principal's goods in smaller lots, not C&F agent service

Sale of goods in smaller lots by assessee at prices fixed by Principal, not a Clearing & Forwarding (C&F) Agent service; Assessee appointed as a consignment agent to receive goods from Princip...View More

Tribunal judgment binding on quasi-judicial authorities; Reprimands authorities for transgressing judicial discipline

Judgment of Tribunal has precedential authority and is binding on all quasi-judicial authorities, adjudicating authority unaware of this basic principle inadequately equipped to deliver quasi-judicial...View More

Passes interim order addressing common CENVAT credit refund related issues under Rule 5

CESTAT passes interim order, rules on various common issues w.r.t. CENVAT credit refund claim by service providers under Rule 5 of CENVAT Credit Rules, 2004 (CCR) and Notification No. 5/2006 issued th...View More

Technical-fee includible in air-conditioners' value; Allows declared price-list revision for assessment finalisation

Technical service fee mandatorily recovered from dealers on supply of air conditioners includible in declared wholesale prices during finalization of provisional assessment under Rule 173I of erstwhil...View More