CESTAT Rulings


EULA, not downloading date relevant for taxing Software-Service; Confirms demand against United-India-Insurance

CESTAT Chennai confirms demand of service tax alongwith interest and penalty against United India Insurance (assessee) on receipt of application software technology (Core Insurance Solution) from SSP ...View More

No 'infrastructure-support-service' by State Cricket Association to BCCI in providing Stadium for IPL

Chennai CESTAT sets-aside demand against Tamil Nadu Cricket Association (assessee), refuses to concur with Department that assessee provided ‘infrastructural support service&rsquo...View More

Mere registration under different category insufficient to hold service was rendered under it; Quashes demand

CESTAT, Bangalore holds that if a service actually falls under works contract service, then mere registration under a different category and payment of service tax under that category would not be suf...View More

Sets-aside demand on waste/scrap generated during crude-oil manufacturing; Allows Vedanta's appeal

CESTAT Delhi sets-aside excise duty on clearance of waste/scrap generated by wear and tear of materials such as pipes, residuary portions of tubes/pipes upon cutting and fitting operations etc. during...View More

Allows CENVAT credit to Reliance Corporate IT Park on services used for setting-up premises

CESTAT Mumbai remarks that “services, used in relation to setting up of the premises are also services used for providing output service, as without the premises being set up, the service p...View More

Quashes extended-period demand on fixed-cost component collected from Advertising Agency, cites 'Revenue-Neutrality'

CESTAT Chennai quashes demand invoking extending limitation period on fixed cost component collected from advertising agency (AA) for sale of Free Commercial Time (FCT) by ass...View More

Haldiram not liable to service-tax on providing take-away food, premise-sharing with Associated Enterprise

CESTAT, New Delhi rules in Haldiram’s favour, holds that service-tax cannot be levied on the activity of take-away of food items as it would amount to sale and does not involve any element of se...View More

Explains scope of ‘Intermediary service’; Allows refund on ‘Business Support’ to overseas company 

CESTAT Mumbai holds that services rendered by assessee to its overseas entities clearly qualify to be export, eligible for refund, explains that “an activity between only two parties cannot...View More

Activity of printing / selling photo books amounts to manufacture, exempt from service tax 

CESTAT, Chandigarh holds that activity undertaken by the Assessee of printing photographs on plain printing paper and thereafter binding them and selling them as photo books amounts to manufacture a...View More

Goods granted out-of-charge/cleared for consumption, cannot be reassessed

CESTAT New Delhi holds that once the goods are granted out-of-charge and cleared for home consumption, the bill of entry cannot be re-assessed under Section 17(5) of the Act and the only option with t...View More