CESTAT Rulings


Recipient can file refund within its jurisdiction regardless of supplier’s location: Third Member resolves conflict 

CESTAT Mumbai (Third Member) rules that the person who bears the service tax (service recipient) can file for a refund within their jurisdiction, and the Revenue cannot insist the filing at the servic...View More

Drops demand on freight charges collected for delivery to buyer’s premises 

CESTAT sets aside the decision of Commissioner holding buyer’s premises as “place of removal”; Noting that SC decision “covers all the aspects of this issue”, holds that ...View More

Rejects application for fixing special rate of duty on limitation 

CESTAT Kolkata upholds rejection of application for fixing special rate of duty on the ground of being time-barred; Goes by conditions in Notification No. 20/2007 dated April 25, 2007 and clarifies th...View More

Allows CENVAT-credit refund of service tax paid on flat-booking amounts cancelled subsequently 

CESTAT Mumbai permits refund of CENVATcredit of service tax paid on booking amounts received from customers on cancelled residential flats; Notes that...View More

Quashes rejection of proof of export, dismisses ground for non-presentation of quadruplicate invoice-copy 

CESTAT Ahmedabad quashes orders rejecting proof of export premised on failure to present quadruplicate copy of invoice (four copies of invoice) noting that “production of original and duplicate ...View More

Commissioner’s decision to select witnesses for cross-examination violates Natural Justice Principle; Remands matter 

CESTAT Ahmedabad remands the issue Rs.156 crore duty demand along with penalty on Gutka manufacturer (assessee) for ‘clandestine manufacture and clearance’ to Adjudicating Authority, findi...View More

Drops service-tax demand on ‘adda-fees’ for extended period due to uncertainty in law 

CESTAT Chandigarh partly allows Assessee’s appeal, refuses to invoke extended period of limitation owing to uncertainty in the law relating to imposition of Service-tax on ‘adda fees&rsquo...View More

No service tax on OIL INDIA hiring-out tangible goods under ‘deemed sale' without ‘effective control' 

CESTAT Kolkata quashes lower authorities orders confirming service tax demand on ‘rental charges’received by Oil India Ltd (Assessee) from its customers for hiring out ‘72 feet heigh...View More

Without stating differing grounds, Tribunal’s order accepted on monetary-basis binds lower authorities 

CESTAT Allahabad  allows assessee’s appeal against Commissioner (A) order that set aside the original order and remanded it back to the Adjudicating Autority (AA) for the reason that t...View More

Absent concrete evidence, ‘clandestine clearance’ charge basis circumstantial evidence unfounded 

CESTAT Kolkata rules that without corroborative evidence, Revenue's allegation of ‘clandestine clearance' is unfounded when goods are sold by the manufacturer on an ex-factory basis, cleared wit...View More