CESTAT Rulings


Allows reverse charge discharge of insurance auxiliary services using input credit

CESTAT rules in favour of insurance companies, allows utilization of input service credit towards service tax discharge of "Insurance Auxiliary Service" under reverse charge mechanism; Rejects Revenue...View More

Prospectus sale prima facie not "Commercial training or Coaching" service; Waives pre-deposit 

Sale of prospectus / admission forms for coaching classes prima facie not classifiable under "commercial training or coaching services"; Finds merit in assessee's contention that not all students take...View More

Jet Airways taxable on foreign CRS services; Income-tax 'PE' definition irrelevant 

Flight reservations / bookings services availed by Jet Airways ("airlines") from foreign based Computer Reservation System ("CRS") companies taxable as "online information and data base access or retr...View More

Mercedes denied input service credit; Imported cars' trading neither 'service' nor 'exempted service' 

CESTAT denies proportionate credit of common services such as advertisement, event management, business auxiliary and business support services used in relation to trading of imported cars as well as ...View More

CENVAT Credit prima facie inadmissible against supplies to SEZ contractors; Directs pre-deposit 

CENVAT Credit prima facie unavailable in case of supply of excisable goods to SEZ contractors, absent specific provision in CENVAT Credit Rules (CCR); Rule 6(6)(i) of CCR applicable only to clearance ...View More

Refund available regardless wrong classification by service provider; Follows Pratap Re-rolling ruling 

CESTAT allows service tax refund against export despite wrong classification by service provider; Services received by exporter at port area classifiable as “Port Services” u/s 65(82) of F...View More

Mere input monitoring by customer doesn't make manufacturer a job-worker 

CESTAT rejects Revenue's stand that assessee was a job-worker, mere monitoring of inputs / manufactured goods by customer would not make assessee "job worker"; Assessee procured inputs for manufacturi...View More

Direct nexus mandatory for "Project Import Scheme" benefit; 'Purposive interpretation' inapplicable 

CESTAT Third Member concurs with Member (Technical), goods imported under Project Import Scheme must be used for unit of ‘specified’ project, cannot be diverted elsewhere; Rejects assessee...View More

Free supply of goods during construction not taxable; Distinguishes G.D. Builders ratio 

CESTAT allows 67% abatement under Notification No. 1/2006-ST on construction, works contract services, thereby excluding value of free supplies from gross consideration; Relies on Larger Bench ruling ...View More

Absent depot as 'place of removal', transaction value at factory relevant pre-2003 

Transportation charges incurred on stock transfer from factory to depot not includible in assessable value (AV), where goods sold from depot, pre-2003; During period of dispute, definition of “p...View More