CESTAT Rulings


Allows input credit on direct supply to job-workers; Prior factory receipt irrelevant 

CESTAT allows credit on inputs received directly at job-workers’ premises from principal manufacturer-supplier instead of assessee’s factory, under Rule 57(A) / 57Q of erstwhile Central Ex...View More

Renting buses to transport corporations prima facie 'rent-a-cab service', not 'tangible goods supply' 

Renting / hiring of cars and buses to transport / municipal corporations taxable as ‘rent-a-cab service’, not ‘supply of tangible goods for use’; P&H HC, Madras HC & Tr...View More

No duty concession on 'Ash-handling system'; however quashes demand absent exemption certificate cancellation

CESTAT denies duty exemption on Fuel & Ash Handling System under Notification No. 6/2002-CE, cannot be considered as ‘waste conversion device producing energy’ / 'non-conventional ener...View More

Cannot restrict outdoor catering credit to establishments under Factories Act; Waives pre-deposit 

Factories Act not a criteria for determining CENVAT credit admissibility on outdoor catering service under Rule 2(l) of CENVAT Credit Rules; Though Bombay HC in Ultratech Cement observed that there wa...View More

Once malafide intent ascertained, Sec 78 penalty applicable, not u/s 76; Applies 'Motor World' ratio

​Once penalty for suppression with tax evasion intention ascertained u/s 78 of Finance Act, penalty for failure to pay service tax u/s 76 not attracted; Relies on Karnataka HC ruling in Motor World ...View More

Third Member 'chews' demand on flavoured tobacco; Upholds MRP valuation pre-July 2006 

CESTAT Third Member upholds classification of flavoured “Gopal Zarda” as ‘chewing tobacco’ under Tariff Heading (CTH) 24039910 assessable u/s 4A of Central Excise Act on MRP ba...View More

MRP affixation post Customs clearance constitutes 'manufacture'; Distinguishes L'Oreal India ruling

Affixing MRP stickers/labels on imported goods like perfumes, shampoos and body spray in private warehouse after customs clearance, amounts to 'manufacture' as per Chapter Note and Sec 2(f)(iii) of Ce...View More

Separate contracts for goods supply & erection / commissioning taxable as composite works contract 

CESTAT upholds service tax on reverse charge basis on turnkey project awarded to entity in China for setting up of power plant in India, under ‘works contract’ category; Though project spl...View More

GTA / sales promotion credit unavailable on pharmaceuticals manufactured on loan license by job-workers 

CESTAT allows Revenue appeal, credit of input services viz. GTA, sales promotion ineligible on goods manufactured by loan licensees (job-workers) on assessee's behalf; In terms of Central Excise Act a...View More

Faculty accommodation not staff welfare; Allows credit on flats procurement outside premises

CESTAT allows service tax credit on brokerage paid towards purchase / lease of flats for accommodation of in-house faculty members of commercial training centre; Rejects Revenue's reliance on AAR deci...View More