CESTAT Rulings


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

Credit prima facie available on "document processing services" affecting company's financial management 

CENVAT credit prima facie available on document processing services utilised during clearance of goods for export as well as towards rebate claims before Central Excise Department; Such services neces...View More

No concessional import duty benefit for 'Steam Coal'; Sternly rejects 'recusal' request 

CESTAT pronounces detailed ruling on 'coal' classification, interpretation of tariff classification and rules in favour of Revenue; Rejects concessional duty benefit under Notification No 12/2012-C.E....View More

Factories operating from same premises not separate entities for SSI exemption

Clearances from different factories operating from same premises to be clubbed for determining eligibility as well as quantum of small scale industry (SSI) exemption; Directs assessee to pre-deposit 5...View More

Duty on job-worked goods payable on value charged from ultimate buyers

Duty on paper cleared as reels from factory to job worker for conversion into sheets, payable at price at which paper sheet sold by assessee to ultimate buyers, after clearance from job-workers premis...View More