CESTAT Rulings


Denies input credit against Bill of Entry's photocopy 

Denies credit of additional customs duty availed against photocopy of bill of entry on imports through courier; Rejects assessee's reliance on Chennai Tribunal ruling in Controls & Drives Coimbato...View More

Penalty imposable on partial payment of interest post issuance of show-cause 

Penalty leviable where part of interest (on delayed service tax payment) not paid before issue of show cause notice; Reverses Commissioner (Appeals) interpretation of Tribunal ruling in Nischint Engin...View More

Service tax credit on cement transportation for repair of mines available 

Allows credit of Goods Transport Agency services for transportation of cement into factory premises; Rejects Revenue's contention that credit not available as cement not an eligible input; Holds such ...View More

No penalty on co-noticees if proceedings concluded against manufacturer/assessee 

Upholds Appellate Commissioner's order dropping penal proceedings against co-noticees on conclusion of proceedings against manufacturer/assessee; Words "other persons" appearing in proviso to Sec. 11A...View More

No interest & penalty on credit wrongly availed but not utilized, pre-2012

No Interest payable for CENVAT credit wrongly availed, which stands reversed, before utilization; Credit reversed before removal, remains only a book entry, as no benefit taken thereof; Relies on rati...View More

Urges lower authorities to follow Tribunal judgments, binding Board circulars 

Proportionate reversal of credit not required for subsequent reduction in value of goods though discount; Relies on Board Circular dated November 17, 2008 and coordinate bench rulings on the settled m...View More

Erection & commissioning a service, not liable to excise duty 

Erection and commissioning ('E&C') a service, liable to service tax under Finance Act, hence not includible in assessable value of final product chargeable to 'excise duty'; No excise duty applica...View More

Credit reversal mandatory on transfer of inputs from DTA to SEZ

Reversal of credit under Rule 3(5) of CENVAT Credit Rules mandatory on transfer of inputs from DTA to SEZ; Holds CENVAT Credit Rules a complete code that does not envisage 'export' of inputs after tak...View More

Revenue barred from re-initiating concluded proceedings based on SC ruling

Adjudicating Authority bound by CESTAT order in remand proceedings, unless set aside by HC in appeal; Tribunal relying on P&H HC order in Ind-Swift Laboratories case, decided matter pertaining to ...View More

Carriage fees received for broadcasting channels classifiable under BAS & not BSS

Carriage fee received for broadcasting channels taxable under Business Auxiliary Service (BAS); Holds better quality of channel enhances viewership of channel amounting to "promotion of channel"; Reje...View More