CESTAT Rulings


Dismisses appeals against Taj Madras Flight Kitchen citing monetary limit 

CESTAT Chennai dismisses a bunch of appeals by Revenue challenging setting aside of service tax demand for laundry services inside Airport by in-flight catering service provider; Citing litigation pol...View More

Cannot attribute turnover taken from balance-sheet towards GTA services: Sets-aside demand 

CESTAT Ahmedabad holds that “the turnover taken from the balance sheet cannot be attributed towards the services by way of GTA”, sets aside “the demands of service tax, cenvat credit...View More

Mutual understanding between service provider and recipient essential for service tax levy 

CESTAT Delhi rules that mutual understanding between service provider and service recipient is indispensable for sustaining the levy of service tax without which the demand fails, cites section 66 and...View More

Upholds service tax demand on fees collected by IIM for courses namely PGPPM, PGPEM and EPGP 

CESTAT Bangalore upholds service tax demand on fees collected by IIM for courses namely PGPPM, PGPEM and EPGP for the normal period covered under the SCN; Observes that, such courses are not ‘re...View More

Remands credit availability for factory construction services again, citing identical language in the new order 

CESTAT Ahmedabad remands the matter of CENVAT credit on ‘erection, commissioning or installation service’ and ‘real estate agent service’ utilised in connection with factory bu...View More

Allows refund of Education & Krishi-Kalyan-Cess to Tata-Sons; Follows own ruling noting contradictory verdicts 

CESTAT Mumbai allows refund to Tata Business Excellence Group (a division of Tata Sons/assessee) of unutilized education cess, secondary & higher education cess and Krishi Kalyan Cess (Cesses) lyi...View More

Sharing of CAT-scores by IIMs with non-IIM institutions not ‘Mailing List Compilation Service’ 

CESTAT Bangalore allows IIMs appeal, sets-aside service-tax demand along with interest and penalty levied on fees collected by Indian Institute of Management, Kozhikode (IIM) from non-IIM institutions...View More

Provisions governing limitation for refund applies strictly notwithstanding mistake of law/fact 

CESTAT Hyderabad sustaining Revenue’s order rejecting the refund of tax paid under mistake of law/fact, on the ground of limitation, dismisses appeals filed by Assessee; Referring to the slew of...View More

Overlooking procedural lapses, allows GM refund of duty and cess on vehicles cleared as Taxis 

CESTAT Ahmedabad allows General Motors India (assessee) refund of 20% of excise duty and infrastructure cess paid on vehicles cleared after being registered as Taxi, finding that the substantive condi...View More

Export proceeds receipt date, not input-service invoice, key for reckoning limitation of unutilized CENVAT-credit refund 

CESTAT Delhi quashes Revenue’s order rejecting refund of unutilized Cenvat credit claimed by the Assessee(a 100% EOU providing I-T services) by reckoning the time-limit of one year ingrained in ...View More