CESTAT Rulings


Interest inapplicable on provisional assessments completed before July 2006; Sec 18 amendment prospective

No interest payable on finalisation of provisional assessment of imported goods prior to July 2006 in terms of Sec 18(3) of Customs Act; Said section cannot be presumed to govern Bills of Entry filed ...View More

Once finished goods dutiable on MRP basis, undervaluation of intermediate goods irrelevant

CESTAT provides respite to Hindustan Unilever, sets aside duty demand on supply of intermediate goods, viz. unfinished soap noodles, at a price lower than that cleared to sister unit on cost construct...View More

Third member follows British Airways ruling; Foreign CRS services not-taxable

CESTAT Third Member grants respite to Thai Airways, services received by Indian branch offices from foreign-based Computer Reservation System (CRS) companies not taxable as “Online Database Acce...View More

'Agreement to Lease' entered prior to 'actual lease' prima-facie a renting service

CESTAT directs pre-deposit, ‘agreement to lease’ entered prior to actual leasing prima-facie falls within scope of ‘renting of immovable property’ as defined in Finance Act, 19...View More

Carpentry / masonry in existing building classifiable as 'renovation / repair services' u/s 65(25b); Abatement prima facie available 

CESTAT rules on classification of interior work activities such as wall plastering, floor tiling, carpentry undertaken in commercial premises u/s 65(25b) of Finance Act, taxable as ‘commercial o...View More

Transactions between overseas branch & Indian HO outside Sec 66A purview; Waives pre-deposit 

Rendition of services by overseas branches to overseas customers not taxable in the hands of head office (HO) in India on reverse charge basis; Sec 66A of Finance Act neither envisages treating branch...View More

Software supply subject to VAT, prima facie not taxable as 'IPR' / 'ITSS'; Waives pre-deposit 

Sale of third party software and in-house developed software prima facie not “Intellectual Property Right ​Service” (IPR) or “Information Technology Service” (ITSS); There is...View More

"Input service" definition amendment not 'retrospective'; Allows courier / telephone / insurance services credit 

CENVAT credit of courier service, landline telephone / mobile phone service and insurance of plant & machinery prima facie available during the period November 2004 to September 2008; Adjudicating...View More

Domain registration company paying fees to ICANN not taxable as 'franchisee service' 

Fees paid by Website domain registration company to International Corporation for Assigned Names and Numbers (ICANN) & ICANN accredited registries, not liable to service tax under reverse charge a...View More

Inter-entity capital goods transfer within same premises, a ‘removal’; attracts CENVAT recovery

CENVAT credit recoverable once ownership and control of capital equipment, machinery transferred to another legal entity, situated in same factory premises; Such transfer construed as ‘removal&r...View More