CESTAT Rulings


Upholds excise liability on JCB; Loaders, road roller qualify as 'automobiles' 

Loader, backhoe loader and road roller have characteristics of "motor vehicles" and parts thereof qualify as parts of ‘automobiles’; Holds assessee, JCB India Ltd, liable to excise duty on...View More

'Contract carriage' must meet 'tourist vehicle' specifications for tax levy 

MSRTC providing buses for marriages, educational purpose, election duty not necessarily amount to “tour operator services”; Rejects Revenue’s interpretation that all contract carriag...View More

'Bank building security' services different from 'safety locker' security; Denies exemption 

Denies benefit of exemption notification in respect of services relating to safeguarding of building along with fixtures, fittings, equipment, cash, other securities of bank; Benefit under Notificatio...View More

Export goods not 'exempt'; Allows capital goods credit 

Export goods not ‘exempt’ goods; Capital goods credit can be availed for manufacture of export goods; Credit not exclusively used for manufacture of ‘exempted goods’ where capi...View More

Services in Continental Shelf & Exclusive Economic Zone not taxable pre- 2012 

Pre-construction services i.e seismic survey, core analysis, well bore survey, exploration etc. provided & consumed in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), before Ju...View More

Refund allowed to manufacturer-exporter though exports made through merchant exporter 

Service tax refund claim allowed to manufacturer-exporter, on exports made through merchant exporter; Rejects Revenue's contention that refund not available when goods exported through merchant export...View More

Letting property to Café not taxable as BAS; Amounts to normal 'renting' 

Agreement to let out immovable property to run 'Cafe Coffee Day' (CCD), not taxable under "Business Auxiliary Service" (BAS), even though underlying agreement titled as 'Franchisee Agreement'; Providi...View More

Financial restructuring advisory services taxable as 'management consultancy services' pre-2001, BOFS thereafter 

Financial restructuring & divestment advisory services taxable as “Management Consultancy Services” (MCS) pre-July 2001; Rejects assessee’s contention that such services taxable ...View More

No duty on optional accessories not supplied with vehicles; Follows Bajaj ruling 

Value of optional accessories in 3- wheelers i.e. jack assembly, rear visual barrier and carpets, not supplied at the time of clearance of vehicles from factory, not includible in 'Assessable Value'; ...View More

Credit note subsequent to sale cannot overcome 'unjust enrichment'; Denies duty refund 

CESTAT rejects Videocon's excise duty refund claim on higher discounts offered by depot than those offered at factory; Subsequent issue of credit notes to customers to pass duty burden cannot help ove...View More