CESTAT Rulings


Limitation condition to claim refund by SEZ only ‘procedural’, construable liberally; Allows refund

CESTAT Delhi sets-aside order rejecting claim refund of service-tax paid on input services on the ground of limitation by an Special Economic Zone (SEZ) unit by holding that procedural ...View More

Allows credit transfer pursuant to conversion of EOU into DTA; Follows judicial discipline

CESTAT Chennai allows transfer of credit lying in Wipro’s EOU unit to its DTA unit; Notes that Assessee was having central excise registration had an EOU unit which was ...View More

‘Earth Moving Equipment’ not 'automobile'; Packing, repacking of parts thereof not manufacture pre-April 2010

CESTAT, Mumbai (Larger Bench) rules that, ‘Earth moving equipments’ such as compactors, excavators and road rollers cannot be termed as “automobiles” and he...View More

Entitles assessee to exemption on site-formation, excavation, earth moving, demolition service to Government

CESTAT Chennai sets aside demand of service tax observing that Assessee rendered the service of site formation and clearance work including the formation of ‘Kaccha Road’ to Governmen...View More

Exporter not liable to pay tax on foreign bank charges; Follows Greenply Industries ratio 

On the issue of service tax liability of exporter-assessee on the foreign banks charges, CESTAT Delhi holds that exporter “are not entitled to pay the service tax”, follows the ratio in Gr...View More

Amount deducted for Foreign Bank Charges not taxable as Banking Services; Dismisses Revenue's Reverse Charge demand

CESTAT Chennai holds that amount deducted by the Foreign bank towards the bank charges during remittance of export sale proceeds are not taxable under the service “Banking and other Financial Se...View More

Absent physical movement of capital goods post-sale, CENVAT Credit demand unsustainable 

CESTAT, Ahmedabad holds that though the ownership of the capital goods after their sale has changed, since there was no physical removal of the goods which remained installed and used within the facto...View More

SCN 'vague' as RCM-based demand not determined transaction & invoice-wise 

CESTAT Delhi holds that for raising demand of service tax under reverse charge mechanism, the demand “has to be worked out and calculated transaction-wise and invoice-wise” and absent such...View More

Upholds SAD refund rejection as time barred, Considers amendment to Notification: Dismisses appeal 

CESTAT Chennai upholds rejection of Special Additional Duty (SAD) refund by holding that time limit for filing refund claim within one year of payment of additional duty of customs is applicable since...View More

EOU eligible to duty benefit on clearance of machine imported and leased by job-worker

CESTAT Chennai sets-aside demand on machines imported by Amul Industries (importer/job-worker/owner) but cleared by EOU (assessee), finds little merit in Revenue&rsq...View More