CESTAT Rulings


Commission paid on sales to agents results in increased manufacturing activity; Allows credit

CESTAT Kolkata sets-aside disallowance of CENVAT credit on ‘sales commission’ on finding that sales commission has a direct nexus with the sales of product, which in turn is related t...View More

No illegality in credit availed by ICICI-Lombard on payout made to auto-dealers towards infrastructure-support

CESTAT Mumbai sets-aside the demand of Rs. 135 cr (approx) alongwith interest and equivalent penalty raised against ICICI Lombard General Insurance (assessee) on account of denial of CENVAT credi...View More

Finds no mis-declaration in VCES declaration; Sets-aside demand on incentives received from Tata Motors

CESTAT, New Delhi grants immunity under the Voluntary Compliance Encouragement Scheme, 2013 (VCES), on finding no substantial mis-declaration in assessee's declaration; Sets aside service tax imposed ...View More

Production in own plant for Principal Manufacturer constitutes job-work, not 'MMR Service'

CESTAT, Ahmedabad rules that activity of producing excisable goods on behalf of Principal Manufacturer [Gharda Chemicals (GCL)] under an agreement in own plant, amounts to manufacture ...View More

Quashes demand under ‘BAS’ on activation charges w.r.t software embedded in equipment

CESTAT Ahmedabad holds that the amount collected by the dealer of electronic and telecom equipment, from their customers against as “activation charges” of equipment/ software features are...View More

Amount paid over and above liability determined under SVLDRS is non-refundable

CESTAT Delhi holds that any amount paid (pre-deposit) in excess of amount payable as determined by Designated Committee (DC) under SVLDRS, 2019, is non-refundable; Finds no justifi...View More

2D to 3D conversion, visual effects activities undertaken for foreign counterpart qualifies as 'export'

CESTAT Mumbai deletes demand under ‘video production agency’ service, rejects Revenue’s stance that various activities relating to ‘visual effects’ and 3D ...View More

Installation of ‘thermal insulation’ a “Works-Contract Service”, eligible for abatement benefit: Quashes demand 

CESTAT Ahmedabad holds that installation of ‘thermal insulation’ is covered under the definition of “Works Contract Service”, accordingly eligible to benefit of 67% abatement f...View More

Activity of renting of shops for marketing/trading of flowers taxable under "renting of immovable property"

CESTAT, Delhi holds that the activity of renting of phars/tin sheds/shops for marketing/trading of flowers etc. by the traders is taxable under the category of renting of immovable property; Therefore...View More

Not mentioning credit availed in ST-3 returns no ground to deny eligible refund 

CESTAT, Chennai allows Assessee’s appeal to avail refund of Rs.16,93,074 on the service tax paid under reverse charge mechanism w.r.t input services availed on export of IT services; Revenue has...View More