CESTAT Rulings


By majority, conclusively allows cash refund of accumulated CENVAT Credit upon business closure 

CESTAT Mumbai, by majority decision, allows the assessee to claim cash refund of accumulated CENVAT credit to the tune of Rs. 1.8 crores on closure of the factory; The third member view, pursuant to s...View More

Services by Glaxo SmithKline qualify as export irrespective of payment routing through third-party 

CESTAT, Chandigarh holds that “Business Support” and “Manpower Recruitment and Supply’ service rendered by Glaxo SmithKline to M/s SmithKline Beecham Plc. (SB Plc), U.K. under ...View More

Advisory to clients abroad for investment of funds an 'export of service'

CESTAT, Chennai upholds Commissioner (Appeals) order sanctioning rebate to the Assessee (Sundaram Asset Management Co. Ltd.) on advisory services for investment of funds to clients abroad; Assess...View More

Incorrect description on invoice no ground to deny CENVAT credit to service receiver

CESTAT Mumbai sets-aside demand of service tax against insurance major (Tata AIG General Insurance Co. Ltd./assessee), holding that, raising invoice with incorrect description (instead of business sup...View More

Allows credit to Honda-India on 'part-catalogue' and 'repair-manual' development service 

CESTAT Allahabad allows CENVAT credit of service tax paid under reverse charge mechanism (RCM) by Honda Cars, India (assessee) on the service fees paid by them to their principal (Honda Motor Company ...View More

Onus to prove non-taxability vis-a-vis discrepancy lies upon assessee; Upholds 'reverse-charge' liability

CESTAT Ahmedabad rules that “under the service tax law after 01.07.2012 all payments received or paid to the foreign parties by the assessees against any service provided/ received from abroad (...View More

Liability cannot be fastened without certainty of ‘taxable service’, Commission on 'Corporate Guarantees' taxable as BAS 

CESTAT, Mumbai holds that tax liability cannot be fastened without certainty of the ‘taxable service’ in application of mind by the SCN issuing thus sets aside the impugned order initiatin...View More

‘Water front Royalty’ for minor-port development a statutory levy, not taxable as 'port service'

CESTAT Ahmedabad sets-aside service tax demand on Water Front Royalty payment/wharfages on finding it to be a ‘statutory levy’ in relation to goods landed by the private port aut...View More

DGFT's delay in acting on EPCG-license redemption request cannot deprive exemption to Hyundai Motors 

CESTAT, Chennai holds that Hyundai Motors (Assessee) should not be taken to task due to a delay caused in the DGFT office to act on their request for redemption of EPCG Licence, sets aside impugned or...View More

Prioritizes CIPET sample-reports over customs-lab in 'Plastic Stickers' classification; Quashes misdeclaration charges 

CESTAT Ahmedabad rules in favour of assessee (SEZ unit) by giving preference to sample reports of Central Institute of Plastic Engineering and Technology (CIPET) as against Customs Laboratory in a mat...View More