CESTAT Rulings


Consumables used in erection & commissioning services prima facie taxable absent actual consumption 

Deemed value of consumables prima facie includible in taxable value of erection and commissioning services u/s 65(39a) of Finance Act, absent details of actual consumption; Rejects assessee’s co...View More

Pipelines transporting crude oil to refinery not 'factory premises'; Rejects Excise registration

Transportation of crude oil through pipeline which travels through various States not a 'process' integrally connected with final manufacture; Upholds Revenue's action of rejecting assessee's applicat...View More

Finance Act doesn't allow retro rules; Trading not 'exempted service' before 2011

Trading activity neither ‘service’ nor ‘exempted service’ prior to April 1, 2011, input credit not available against services utilised therein; Explanation to Rule 2 of CENVAT ...View More

Manufacturer's customer assistance in export execution not 'Management Consultancy' 

Manufacturer's services of merely assisting customers in executing export orders not taxable as 'Management Consultancy Service' (MCS); MCS services imply services in relation to management of an orga...View More

Amendment to accrual basis taxation rule not 'clarificatory'; Retro application argument 'unsustainable' 

Pre-May 2008, Service tax on receipt of ‘manpower recruitment or supply agency service’ from associated enterprises payable on actual payment of gross amount, not against book adjustments;...View More

Labeling/re-labeling of equipment parts improves marketability, prima-facie manufacture 

Labeling / re-labeling of material handling equipment parts improves marketability, prima-facie amounts to manufacture u/s 2(f)(ii) of Central Excise Act, 1944; Directs 25% pre-deposit of tax demand; ...View More

Rejects total demand stay on services to SEZ absent authority from Developer 

Service tax exemption against “Business Auxiliary Services” provided to SEZ developer or Unit under Notification No. 4/2004-ST , prima facie unavailable, absent authorisation from SEZ Deve...View More

Free electricity not "additional consideration" for plant's operation & maintenance services

Electricity supplied free of cost by customer not includible in value of operation and maintenance (O&M) service of air separation plant provided by assessee; Air separation plant owned by assesse...View More

Invokes unjust enrichment principle, denies excess tax refund against GTA services

CESTAT denies service tax refund paid at higher rate under reverse charge on GTA services, invoking unjust enrichment principle; Tax burden passed onto customers since goods sold on 'FOR' basis and fr...View More

Shipping Agency’s goods procurement services construe ‘BAS’; “On clients behalf” condition irrelevant 

Service of amending ‘Bill of lading’, correcting import / export manifest, refund processing by Shipping Agency taxable as “Business Auxiliary Services” (BAS) u/s 65(19) of Fin...View More