CESTAT Rulings


Vessel charter 'supply of tangible goods service', not 'port service'; Waives pre-deposit

Charter hire of vessels for undertaking various operations in Port prima facie taxable as “supply of tangible goods for use” service only w.e.f. May 16, 2008; Rejects Revenue contention th...View More

Refers issue of simultaneous penalty imposition before May 2008 to Larger Bench

CESTAT refers question of simultaneous penalties u/s 76 & 78 of Finance Act prior to May 10, 2008 to Larger Bench; Takes note of conflicting HC decisions in United Communication Udupi, Krishna Pod...View More

Railways/Defense not 'Public Distribution System'; Denies exemption on kerosene supply beyond quota 

CESTAT denies customs duty exemption on import and supply of Superior Kerosene Oil (SKO) to Railways, Air Force / Defense and Public Distribution System (PDS) dealers; Harmoniously interprets ‘P...View More

Allows credit refund; Investment advisory services to foreign company qualify as 'export' 

CESTAT dismisses Revenue appeal, allows input service credit refund against investment advisory services provided to foreign entity; Rejects Revenue contention that refund unavailable as such ser...View More

'Consideration receipt date' relevant for export refund; Remands matter for limitation applicability 

CESTAT allows credit of housekeeping, domestic ticketing, food & catering, employee transport for purposes of service tax refund under Notification No. 5/2006-CE (N.T); Relying on Bombay HC ruling...View More

Denies group insurance credit attributable to employees' family members; ESI Act irrelevant 

CESTAT allows input service credit of Group Health Insurance attributable only to employees, not their family members; Service tax paid on insurance of employee’s families no way relatable to as...View More

Allows credit; Commission agent not merely selling goods, but undertaking 'sales promotion' 

CESTAT allows input credit of commission agent services received for sale of liquid gas; Rejects Revenue’s contention that no sales promotion activities rendered by commission agent, hence credi...View More

Capital goods use in manufacturing must, not installation within factory; Allows credit 

Tribunal rejects Revenue appeal, allows capital goods credit on cylinders used for storing hydrogen gas on hired vehicles; Rejects Revenue’s attempt to disallow credit on the ground that goods n...View More

Denies input credit; Premises rented for job worker not "relating to business” 

Service tax paid on rented premises hired & given out to job worker not eligible for credit; Job-worker an independent entity working on principle to principle basis with manufacturer, cannot be t...View More

Allows import of branded mobiles; Revenue cannot question ownership of IMEI numbers 

CESTAT allows import of branded mobile handsets (Mobiado) carrying IMEI numbers of original manufacturers like Nokia and Samsung; Confiscation and direction of re-export in terms of Commerce Ministry ...View More