CESTAT Rulings


Allows refund of CVD & SAD paid in post-GST regime, but pertaining to pre-2017 period 

CESTAT Mumbai allows CENVAT credit cash refund of Countervailing duty (CVD) & Special Additional Duty (SAD) u/s 142 of the CGST Act, 2017 to Reiter India (a leading supplier of systems for manufac...View More

Quashes absolute confiscation of gold noting valid purchase documents, VAT returns 

CESTAT Kolkata quashes absolute confiscation of gold on finding that VAT invoices, VAT Returns, Stock Register have been filed regarding procurement and sale of gold in question by licit means; Furthe...View More

Sets aside SAD refund rejection on limitation ground, follows Ambey Sales ruling

CESTAT Mumbai  sets aside order passed by Assistant Commissioner rejecting SAD refund on the sole ground of limitation; Follows CESTAT Larger Bench ruling in Ambey Sales which held that the 1 yea...View More

Statements, documents of Income Tax investigation inadmissible as evidence for Excise proceedings 

CESTAT Delhi quashes duty demand against Emgee Cables & Communication (Assessee) premised on allegation of clandestine removal based information received from Income Tax Department on finding that...View More

No service tax on BSNL for providing free mobile phone services to staffs 

CESTAT Delhi rules that BSNL is not liable to pay service tax on the usage of mobile phone facility provided to their employees free of cost to a certain limit; Department alleged that BSNL provided f...View More

‘Notional interest’ on ‘security deposit’ towards renting locker not taxable as banking services 

CESTAT Delhi holds that no service tax can be levied in respect of the notional interest earned on security deposits taken towards renting of safe deposits and private lockers; Revenue alleged that th...View More

Mere gold purchase sans bill insufficient to sustain ‘smuggling’ charge 

CESTAT Delhi holds that “Mere act of purchasing gold without bill is highly insufficient to confirm the grave allegations of conspiring the act of smuggling of gold”, and sets aside the or...View More

Mahindra Reva, having own service station not an ‘Authorized Service Station’; Quashes demand 

CESTAT Bangalore quashes demand of service tax under the ‘Authorized Service Station’ category on finding that Mahindra Reva (assessee) being a manufacturer of electric cars having its own...View More

Film screening by Theaters not ‘Renting of Immovable Property’; Quashes demand on M2K 

CESTAT Delhi quashes service tax demand on M2K Entertainment (owners of M2K Cinemas) under the head ‘Renting of Immovable Property’ and ‘Maintenance Services and Advertisement Servic...View More

Glenmark’s imported 'crimp pumps' for Nasal Spray device, classifiable under CTH 8413, not cosmetic/toilet sprays 

CESTAT Mumbai upholds Glenmark Pharmaceuticals' classification of imported 'Crimp Pumps', for use as components in Nasal Spray devices for medicament delivery, under CTH 8413 as ‘metering and do...View More