CESTAT Rulings


Sets aside penalty, tax paid after authorities noticed but before SCN issue 

CESTAT sets aside penalty u/s 78 of Finance Act 1994, issue of show cause notice (SCN) unsustainable when liability along with interest discharged; Demand raised by Revenue alleging non-payment of tax...View More

Bank loan promotion services not a service under brand name 

Marketing / promotion services (BAS) provided to ICICI Bank Ltd. (ICICI) for commission, not a service provided under ICICI brand name; Displaying banner on premises with words ‘Franchisee of IC...View More

Rules on credit of pre-2000 additional excise payable against basic duty

CESTAT directs pre-deposit of entire duty, disallows credit of Additional Excise Duty (AED) [GSI] paid in 2006 (which ought to have been paid during 1995-98) against Central Excise Duty (BED); CE...View More

Service tax not imposable on value of goods involved in contract execution 

CESTAT quashes Adjudicating Authority's order denying benefit of Notification 12/2003 w.r.t. activity of supply, erection and commissioning of lifts and elevators; Held re-classification of activity o...View More

Petrol pumps operating CNG outlet not rendering BAS absent marketing/ promotion element 

Utility services provided by BPCL / HPCL at CNG retail outlets to Mahanagar Gas Ltd. (MGL) not classifiable as “Business Auxiliary Services” (BAS); No question of BAS being rendered to MGL...View More

Recognises 'temple' as multi-purpose premises, allows input credit for dealers' meeting expense 

CESTAT allows credit of ‘event management services’ utilised for organising dealers meet at a temple within factory premises, for sales promotion; Revenue’s stand that temple can be ...View More

Avail input credit within 1 year; Absent prescribed period, reasonable time-limit applicable 

CENVAT Credit must be taken within one year from receipt of inputs, though CENVAT Credit Rules (CCR) do not lay down any time limit; Absent specific limitation period, reasonable time-limit must be re...View More

Larger Bench settles SAD refund controversy, invoice endorsement held not mandatory 

CESTAT Larger Bench answers reference in assessee’s favour, endorsement to the effect “credit inadmissible” on invoice to avail SAD refund under Notification No. 102/2007-Cus not man...View More

Denies credit based on photocopy of documents; SC's Indian Oil ratio applicable 

CESTAT denies input credit against extra / photo copies of duty paid documents; CENVAT Credit Scheme adopted and operationalised in India based on Tax Credit Method, which relies on sanctity of docume...View More

Mandatory labels / MRP affixation on imported goods under Customs control not 'manufacture' 

CESTAT quashes excise duty demand against affixing labels and MRP on imported cosmetic and toilet products for marketing in India; Rejects Revenue contention that such activity amounts to ‘manuf...View More