CESTAT Rulings


Long term land lease liable to ST; Grants relief pre-July 2010 

Renting of vacant land before July 1, 2010 not liable to service tax; CESTAT interprets Sec 65(105)(zzzz), rejects Revenue’s stand that amendment introducing tax on vacant land was clarificatory...View More

Reimbursement towards advertisements/roadshows organised by authorised service station taxable under BAS 

Reimbursement received by authorised service station, in respect of advertisements and organizing road shows, liable to service tax, as Business Auxiliary Service (BAS); Such activity amounts to promo...View More

Primary dealer earning brokerage on RBI bonds not liable to service tax 

No service tax under "Banking and other Financial Services" category, on brokerage received against sale of RBI tax saving bonds; Relies on CBEC Circular dated August 10, 2010 which clarifies that no ...View More

Tax levy on 'immovable property renting' no longer contentious; Directs pre-deposit 

CESTAT rejects stay application against service tax demand under ‘renting of immovable service’; Since vires of levy on renting services upheld by Delhi HC’s full bench in Home Solut...View More

Refund of services received before registration unavailable; Karnataka HC's mPortal ruling inapplicable 

CESTAT rejects refund of input services received by branch office before date of centralised registration, against export of service; Facility of centralised registration being a special facility unde...View More

Service tax discharge by main contractor doesn't absolve sub-contractors' obligation to pay 

Sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently, as per Finance Act provisions; Rejects assessee’s cont...View More

'Transaction value' below production cost between interconnected undertakings hit by Fiat ratio 

CESTAT rejects transaction value less than production cost on sale of electrical distribution boards to related person; Determination of quantum of production and sale price of manufactured goods, pro...View More

Cricket promotion not a charity, Vidarbha Cricket Association liable under 'Club' service 

CESTAT Third Member upholds service tax demand on Vidarbha Cricket Association under 'club or association service' u/s 65(105)(zzze) r/w Sec 65(25a) of Finance Act, 1994; Rejects assessee's contention...View More

Raw material processing on job-work amounts to 'manufacture', not 'BSS' 

Processing of raw material supplied by principal being 'manufacture', cannot be subjected to service tax under 'Business Support Service' (BSS); Accepts assessee’s contention that processing act...View More

Upholds tax on tour organising through hired vehicles under 'tour operator services' 

CESTAT upholds service tax on tours organised by hiring tourist vehicles, u/s 65(105)(n) r/w Sec 65(52) of Finance Act during the period 2000-02; Rejects assessee's contention that only persons having...View More