CESTAT Rulings


Maize sooji, a derivative of 'agricultural produce', exempt from GTA service

CESTAT allows refund of tax mistakenly paid under GTA service on transportation of goods i.e. maize sooji, under ‘reverse charge mechanism’, under Notification No. 25/2012-ST as amended vi...View More

‘Cement’ used in filling pits after ore extraction, a statutory pre-requisite, CENVATable 

CESTAT allows assessee’s appeal, extends credit on 'cement' used in mine for filling pits after ore extraction as 'input' u/s 2(k) of CENVAT Credit Rules, 2004 (CCR); Rejects Revenue’s ple...View More

'Electricity expense' reimbursement not includible in consideration for 'immovable property renting' service 

CESTAT allows assessee’s appeal, holds that reimbursement charges towards actual electricity expenses received from service recipient is not includible in the gross value of service of renting o...View More

Extends area-based exemption where 'production' commences before cut-off date; 'clearance' not a condition 

CESTAT extends benefit of area based exemption under Notification No. 50/2003-CE dated June 10, 2003 to manufacturer of cosmetics preparation falling under Chapter 33 and 35 of Central Excise Tariff, ...View More

Allows refund of accumulated CENVAT credit under Rule 5 against export of exempted goods 

CESTAT allows assessee’s refund claim filed under Rule 5 of CENVAT Credit Rules (CCR), 2000 r/w Notification No. 27/2012–CE in respect of accumulated CENVAT on inputs/input services used i...View More

Allows credit on railway transportation service despite STTG certificate non-production

CESTAT quashes denial of CENVAT credit in respect of service of transportation of final product by Railways for want of Service tax certificate for transport of goods (STTG Certificate) as required by...View More

Condones 531 days delay in filing appeal due to withdrawal of writ petition 

CESTAT allows assessee’s appeal, condones delay of 531 days in filing appeal against order of Commissioner; Notes that the delay was caused due to fact that initially assessee preferred writ pet...View More

‘Condensate’ arising from natural gas processing not ‘crude oil’, quashes 'Oil Cess' levy 

CESTAT holds that ‘Condensate’ is not ‘crude oil’, quashes imposition of ‘Oil Cess’ in terms of provisions of Section 11 A(1) of Central Excise Act, 1944 r/w Sectio...View More

Upholds extended period invocation where assessee manipulated/forged returns, confirms levy on reimbursements

CESTAT directs adjudicating authority to rework amount of service tax demand by taking receipt basis of service charges before July 1, 2011 and actual accrual for subsequent period while confirming se...View More

'Electricity' being excisable, Rule 6 credit reversal not required on sale thereof outside factory 

CESTAT allows assessee’s appeal, no credit reversal required under Rule 6 (3A) of CENVAT Credit Rules, 2004 (CCR) in respect of electricity generated and sold outside the factory gate to custome...View More