CESTAT Rulings


Allows insurance credit; Admonishes Adjudicating Authority for blatant disrespect to judicial precedents 

CESTAT admonishes Adjudicating Authority for blatant disregard to judicial precedents while disallowing CENVAT credit against various insurance services availed by assessee; Adjudicating Authority&rsq...View More

Absent effective control, liquified gas tanks renting non-taxable as 'storage & warehousing' 

No service tax payable on import of liquified helium in insulated storage tanks as ‘storage & warehousing service’ u/s 65(102) r/w Sec 65(105)(zza) of Finance Act; Relies on CBEC Circu...View More

Revenue barred from appealing under CHALR; Orders under Regulations not 'adjudication orders'

No right granted to Revenue to appeal before Tribunal against Commissioner order passed under CHA Licensing Regulations, 1984 (CHALR); Only aggrieved CHAs can appeal before Tribunal in terms of Regula...View More

Directs re-examination of taxability of 'tyre retreading' in light of G.D. Builders ratio

CESTAT directs re-examination of taxability of retreading activity of old / used tyres as ‘management, maintenance or repair service’, in light of G.D. Builders ratio; Finds force in asses...View More

Once imported drawings/design treated as 'goods', service tax demand untenable; Waives pre-deposit

Once customs duty discharged on import of drawings & design from foreign entity as per product services agreement, service tax demand on same transaction as ‘design services’ u/s 65(10...View More

Preparation / exhibition must to qualify as 'advertising agency'; Mere collection for publication non-taxable 

Collecting advertisement proformas and forwarding them to various newspapers for publication not taxable as ‘advertising agency service’ u/s 65(3) of Finance Act; Rejects Revenue contentio...View More

Power project awarded through tariff-based bidding  eligible for 'International Competitive Bidding' exemption

CESTAT allows excise duty exemption on goods supplied for setting up power projects under International Competitive Bidding (ICB) in terms of Sl. No. 91 of Notification No. 6/2006-CE; Rejects Revenue ...View More

Sub-contractors supplying to Power Projects under ICB process eligible for duty exemption

CESTAT allows excise duty exemption under Notification No. 6/2006-CE on supply of goods to contractors undertaking setting-up of Ultra Mega Power Projects under International Competitive Bidding (ICB)...View More

Govt. undertaking not 'institutional consumer'; Upholds MRP valuation for Colour TV's free distribution 

CESTAT upholds valuation of Colour Television Sets (CTVs) cleared to State Govt undertaking for free distribution to poor on MRP basis u/s 4A of Central Excise Act, 1944; Rejects Revenue contention th...View More

BPCL ruling flawed; Accepts fixed "Import Price" between Refinery & marketing companies 

CESTAT upholds ‘Import Parity Price (IPP)’ charged by Indian Oil Corporation Ltd from Oil Marketing Companies (OMC) based on MoU as ‘transaction value’ for sale of Air Turbine ...View More