CESTAT Rulings


Financial crunch not ‘reasonable cause’ for service-tax non-payment, Rejects penalty deletion plea

CESTAT Bangalore disapproves ‘severe financial crisis’ as a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government, ...View More

‘Manual breast pump’ only facilitating device, classifiable as ‘plastics and articles of other materials’

CESTAT Delhi upholds order classifying manual breast pump under CTH 39269090; While assessee filed Bill of Entry for import of Manual Breast Pump by classifying it under CTH 9018, Department classifie...View More

‘Hair Transplant’ taxable as cosmetic surgery, not saved by exemption as “restorative procedure” 

CESTAT Ahmedabad holds that ‘Hair Transplant’ is a cosmetic surgery and liable to service tax levy under the category of ‘Cosmetic and Plastic Surgery Services’ u/s 65(105)(zzz...View More

Transfer of Patent and Technical Know-how pursuant to slump-sale not taxable service

CESTAT Ahmedabad quashes the demand of service tax observing that transfer of technical know-how and patent was in pursuance to slump sale and not by way of providing the service; Hold...View More

Upholds denial of refund of EC/SHE Cess balance lying in credit ledger post GST

CESTAT Hyderabad holds that education cess (EC) and secondary and higher education cess (SHEC) are to be taken and utilized for the purpose of payment, respectively, of the said Cesses only; Thereby,&...View More

Reinstatement interest on delayed Insurance premium payment not exigible to tax, quashes order

CESTAT, New Delhi quashes order levying service tax on re-instatement interest collected by Max Life Insurance on delayed payment of premium by the policy holder to reinstate a lapsed policy; Holds th...View More

Unutilized amount in PLA is assessee's property till debited, limitation not applicable; Allows refund 

CESTAT Mumbai grants refund of unutilized amount lying in the Personal Ledger Account (PLA) which could not be utilized due to introduction of GST, holds that said amount “is not duty” and...View More

Upholds demand on provision of Commercial Coaching against amount collected as tuition fees 

CESTAT, Hyderabad upholds demand on amount collected as ‘tuition fees’ by Assessee providing taxable service of Commercial Coaching for competitive examinations, finds that demand of servi...View More

Sets aside security deposit amount forfeiture of courier alleging suspected psychotropic substance stuffing 

CESTAT Delhi sets aside twin grounds allegations for forfeiture of whole amount of security deposit and imposition of penalty under Courier Import Export (Electronic Declaration and Processing) Regula...View More

Oil inside the Bunker Tanks in engine rooms of imported vehicles to be assessed under CTH 8908 along with the vessel 

CESTAT, Ahmedabad sets aside impugned Orders which held that Oil inside the Bunker Tanks in engine rooms of imported vehicles are to be assessed to duty under CTH 2710, rules that such Oil imported fo...View More