CESTAT Rulings


Lower authorities cannot be faulted for following judicial-discipline; Dismisses appeal against refund-sanction order

CESTAT Delhi dismisses Revenue’s appeal against Order-in-Original sanctioning refund of excess additional duty of customs paid to Assessee; Remarks, “We are surprised as to ...View More

No service tax on maintenance charges collected Gujarat Industrial Development Corporation 

CESTAT Ahmedabad holds that there is no taxability on Maintenance Charges collected by State Industrial Development Corporation from the industrial plot owners; Finds that present matter is no longer ...View More

Allows CENVAT to JNPT on servicing of toilets located in Port-user building

CESTAT Mumbai allows Jawaharlal Nehru Port Trust (JNPT/assessee) to take CENVAT Credit of service tax paid on servicing of toilets located in Port User Building; Revenue had denied...View More

Tea/Coffee supplied at client's place covered under 'outdoor-catering' despite VAT remittance on ingredients

CESTAT Chennai upholds the demand of service tax as an 'outdoor caterer" vis-a-vis assessee supplying coffee/tea/milk (non-alcoholic beverages) to its clients at their place even though assessee remit...View More

Import of “Engineering Design & Drawings” not taxable as 'design services'; Allows assessee's appeal 

CESTAT, Mumbai holds that “Engineering Design & Drawings” of various models imported by the Assessee for the purpose of manufacturing of Wind Turbine Generator are not leviable to serv...View More

Issuance of corporate guarantee to group companies without consideration not taxable service

CESTAT dismisses Revenue's appeal, holds that, in absence of any consideration, corporate guarantee provided by Edelweiss Financial Services Ltd on behalf its subsidiaries located within and outside I...View More

Extended period cannot be invoked even if some duty escapes assessment & audit not conducted 

CESTAT Delhi rejects Revenue’s contention that discovery of material facts after scrutiny or audit means the assessee has suppressed facts with an intent to evade payment of duty; CESTAT ru...View More

Quashes Revenue's appeal alleging over-valuation of imports by Adani Power, cites incomplete investigation 

CESTAT, Mumbai dismisses Revenue’s appeal alleging over-valuation of imported goods by Adani Power, holds that such assertion hasn’t been established thus, the order doesn’t call for...View More

Quashes demand under management, maintenance or repair service against authorized dealer of ‘Abaqus’ 

CESTAT Chennai sets-aside demand under reverse-charge mechanism (RCM) under category of ‘management, maintenance or repair’ (MMR) service against assessee [Dassault Systemes (DS) Simulia P...View More

TDS paid on receipt of 'technical assistance' not consideration; Classifies supply under 'Management Consultant' 

CESTAT Chennai holds that “the TDS is a tax obligation which can never partake the character of value or consideration for the transaction or of the goods or of services.”; Thereby, d...View More