CESTAT Rulings


Bangalore bench sets stage for Special Bench on export refund limitation issue

CESTAT rules 1 year limitation for filing refund under Rule 5 of CENVAT Credit Rules to be computed from ‘date of receipt' of consideration; In case of services, till law was amended, liability ...View More

Dismisses Revenue appeal; Jumbo / log rolls cutting into smaller usable sizes not 'manufacture' 

CESTAT dismisses Revenue appeal, process of cutting and slitting of jumbo rolls / log rolls of products falling under Central Excise Tariff Heading (CETH) 4811 and 8546 into smaller usable sizes, not ...View More

"Instruments" & "implants" separate items; Orthopeadic equipment for handicaps entitled to exemption

CESTAT allows customs duty exemption on import of orthopaedic surgical equipment viz. depth gauges, impactors and hammer, subject to condition stipulated in Notification No. 21/2002-Cus; As per said N...View More

Export refund limitation period calculation from invoice issuance date, not consideration receipt 

1 year limitation for filing refund under Rule 5 of CENVAT Credit Rules to be computed from ‘date of service export’ or ‘date of issuance of invoice’, not ‘date of receip...View More

Conference hall renting to companies classifiable as 'Mandap Keeper' not 'Convention' service

Renting of Conference Hall ​for meetings / conferences / assembly to pharmaceutical ​and insurance companies, appropriately classified as ‘Mandap Keeper' Service; Rejects Revenue’...View More

Clarifies on industrial vs retail sale, gives assessee benefit of MRP valuation

Ceramic tiles cleared in retail packages to builders/real estate developers in bulk, not an institutional / industrial sale, hence duty liability on such goods to be discharged on basis of MRP u/s 4A ...View More

Denies duty remission to EOU against destroyed goods absent insurance 

CESTAT denies duty remission u/s 23 of Customs Act (Act) on indigenous and imported raw material destroyed / damaged by fire; Assessee, being an EOU, bound to strictly follow terms and conditions of l...View More

Depreciation available on capital goods de-bonding despite non-mention in Notification pre-2003 

CESTAT allows depreciation on de-bonding of capital goods procured indigenously / imported prior to 2003; Rejects Revenue’s contention that no benefit available absent depreciation norms in Noti...View More

Remote, smart card supplied free-of-cost by customer includible in set-top-box valuation

CESTAT rules in favour of Revenue, upholds excise duty demand on valuation of Set Top Box (STB) manufactured and supplied by assessee (Jabil Circuit); Cost of remote control, smart card and software, ...View More

'Noscitur A Socis' principle rescues Reliance, no ST on offshore vessels acquired pre-2010 

Service tax under reverse charge mechanism not applicable in respect of offshore supply of vessels used for exploration in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), pre - Feb...View More