CESTAT Rulings


Grants SAD refund; Invoice endorsement not required for sale to unregistered buyer 

CESTAT grants 4% SAD refund against sale of imported stainless steel under Notification No. 102/2007; Sale to buyer not registered under Central Excise amounts to fulfilment of ‘credit non-avail...View More

State seed certification agency's activities not statutory function, liable to service tax 

Fees charged for certification of seeds produced as per Seeds Act / Rules, liable to service tax under ‘Technical Inspection and Certification Service’; Rejects assessee (a State Seed Cert...View More

'Onshore Terminal' for gas extraction not 'Transport Terminal'; Construction service exclusion unavailable 

“Onshore terminals” for gas transportation not ‘transport terminal’ falling within exclusionary clause of “Commercial and Industrial Construction Service” u/s 65(25...View More

Grants Project Import benefit to JNPT; Sponsoring Authority letter inapplicable pre-March 1992 

CESTAT grants Project Import benefit to JNPT (formerly known as Nhava Sheva Port Trust / NSPT) for “NSPT Port Project” in 1988-90; Demand of differential customs duty, redemption fine &...View More

Follows jurisdictional HC ruling to deny credit of services in residential colony 

CESTAT denies input credit of services utilised / received in residential colony of employees located outside factory; Follows jurisdictional Bombay HC's decision in Manikgarh Cement to hold that serv...View More

Interprets Rule 7; Only assessee, not Revenue can seek provisional assessment 

CESTAT dismisses Revenue appeal, upholds Commissioner (Appeals) order quashing suo moto direction of Revenue for provisional assessment; Interprets Rule 7 of Central Excise Rules, only assessee can se...View More

Banquet hall renting taxable as 'convention service' though charged only for food 

Renting of banquet halls for conferences, get-togethers and parties taxable as ‘convention service’ u/s 65(32) r/w 65(105)(zc) of Finance Act, despite no separate charge for use of hall; R...View More

Prior knowledge of Department totally irrelevant for duty computation; Extended period justified 

CESTAT upholds invocation of extended limitation period, prior knowledge of Department totally irrelevant for duty demand purposes; Knowledge of Department does not mean that suppression which stands ...View More

Vessel repair services prima facie not 'input services' post March 2011; Directs pre-deposit 

CENVAT Credit prima facie not available against services used for repair of vessels operated for bringing in / removal of raw materials / finished goods from factory, post March 2011; Amended definiti...View More

Subsequent duty discharge through lapsed credit prohibited, though goods cleared earlier 

CENVAT Credit once lapsed, cannot be utilized for subsequent duty payments even if goods cleared before such lapsing; Rejects assessee’s contention that mere non-payment of duty in month of clea...View More