CESTAT Rulings


Upholds duty recovery under erstwhile Rules; Coordinate bench ruling not good law

CESTAT tackles question of duty recovery under erstwhile Central Excise Rules 1944 by following Larger Bench ruling in Kisan Sahakari Chini Mills Ltd. that held Sec 38A introduction in Central Excise ...View More

Celebrity promoting branded products not taxable pre-July 2010 as BAS 

Promotion / Marketing of branded products / services by celebrity not taxable as ‘Business Auxiliary Service’ (BAS) pre-July 2010, but taxable as ‘Brand Promotion Service’ w.e....View More

Refund hit by unjust enrichment though tax collected under "non-specific entry"

CESTAT denies refund claim w.r.t. service tax paid on renting of concrete pumps under ‘Business Support Service’ (BSS) for period May 2007 to Jan 2008, invoking "unjust enrichment principl...View More

Allows SAD refund on drugs imported in 'kgs' sold in 'grams' 

CESTAT allows SAD refund under Notification No. 102/2007-Cus against import of bulk drugs packed in kgs, but subsequently sold in grams; Rejects Revenue contention that subsequent sale of imported goo...View More

Dredging in navigation channel leading to jetty not 'input service'; Orders pre-deposit 

‘Dredging service’ undertaken in navigation channel leading to jetty, prima-facie not an ‘input service’; Channel not a private property of assessee but belongs to Maharashtra ...View More

PIN mailer stationery classifiable as 'paper item' post 2008 attracting higher rate 

Pre-printed paper used for printing / writing PIN mailers by banks, prima facie classifiable under CETH 48.20 as ‘paper & paper board’ items from 2008 onwards; Apart from name of accou...View More

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