CESTAT Rulings


Furious over Revenue's "high decibel", logic defying application questioning Larger Bench reference; Admonishes DR 

CESTAT rejects Revenue’s rectification of mistake application against earlier order requesting CESTAT President to place matter in case of Larsen & Toubro Ltd before 5 member larger bench (L...View More

Abatement benefit unavailable on approximations, documentary proof must; Relies on G.D. Builders' ratio 

Abatement towards goods & material sold by service provider unavailable basis plausible explanations and / or approximations, Notification No. 12/2003-ST must be strictly construed; Though value o...View More

Administrative support to group companies not 'management consultancy'; Upholds 'BAS' classification post-July 2003 

CESTAT upholds classification of ​​administrative support services such as assistance in marketing, obtaining loans from financial institutions, liaising with Govt agencies for various permissions...View More

Bars domestic sale of imports under Advance Authorisation before Export Obligation fulfillment 

CESTAT upholds customs duty on inputs imported duty free under Advance Authorisation for manufacture of final products but cleared domestically before fulfillment of export obligation (EO); Foreign Tr...View More

Reduction in export duty cannot be treated retrospective; Distinguishes SC's WPIL ratio 

Export of hot rolled & cold rolled iron products liable @ 15% & 10% respectively, in terms of Notification No. 66/2008-Cus; Rejects assessee’s contention that subsequent amendment vide N...View More

Security deposit not 'consideration' towards renting of immovable property; Notional interest inapplicable 

CESTAT quashes service tax demand on security deposit (equivalent to 6 months’ / 1 year’s rent) taken towards leasing of immovable property; Rejects Revenue contention that interest free d...View More

2nd proviso to Rule 9 applicable not 7th, absent misdeclaration of packing machines

Third Member concurs with Member (Judicial), absent mis-declaration in number of packing machines by assessee, duty demand not sustainable under 7th proviso to Rule 9 of Pan Masala Packing Machines (C...View More

Cable operators liable on subscriber base declaration to broadcasters; Consideration receipt irrelevant 

CESTAT upholds service tax on cable operator against ‘subscriber base’ declared to broadcasters vis-à-vis subscriber fee; Rejects assessee's contention that measure of levy for serv...View More

Export cargo storage not 'incidental' to handling, separately taxable as "storage service" 

CESTAT allows Revenue appeal, services rendered in relation to storage and warehousing of export cargo classifiable as 'storage and warehousing service', not 'cargo handling' post February 2005; Rejec...View More

Gas 'marketablity' not 'packing' dependent; AV to exclude rental for goods supplied 

Rental / maintenance charges collected for supply of gases in own cylinders not includible in assessable value (AV), packing of gases into cylinder not necessary to make it ‘marketable’; P...View More