CESTAT Rulings


Service-Provider eligible for credit on capital goods procured before registration; Remands matter 

CESTAT, Mumbai sets-aside order holding service provider (assessee) ineligible for credit on capital goods i.e. tippers where assessee sought registration on Oct 3, 2008 under mining service (made tax...View More

No jurisdiction with customs authorities to seize open-market goods; Sets-aside confiscation 

CESTAT Delhi upon noticing that matter pertains to “town seizure”, sets-aside confiscation and penalty imposed alleging smuggling in contravention of the various restrictions/prohibitions ...View More

Confirms demand where fraudulentlicences/scrips used to clear goods despite importer’s non-involvement 

CESTAT, New Delhi upholds duty liability and consequent penalty against an importer invoking extended period of limitation where fake/forged licences/scrips were used to clear goods, remarks, "fraud v...View More

Interest component of pre-deposit not adjusted till SVLDRS stage 'refundable' 

CESTAT Delhi allows refund of interest component of pre-deposit which was not deducted till stages of SVLDRS Form No. 2 and SVLDRS Form No. 3; Adjudicating Authority rejected the refund claim on the g...View More

Limitation prescribed u/s 11B not applicable to refund of service tax paid under mistake 

CESTAT Kolkata allows refund of service tax paid on warehousing services which was wrongly deposited, rules that “Section 11B would not be a bar for the assessee to claim refund of tax paid unde...View More

Directs refund of CENVAT-credit accumulated on exports during excise-regime; Considers debit/reversal under GST

CESTAT Delhi allows refund of CENVAT credit accumulated on clearance of excisable goods for export during the erstwhile excise regime; Notes that assessee’s (manufacturer of Sheet Metal Com...View More

Conducting educational colloquiums to inspire distributors for Amway Products-promotion not "Commercial Training and Coaching Services" 

CESTAT, Mumbai holds that conducting educational colloquiums (seminars) to inspire distributors as well as prospective distributors to work for promotion of Amway products is not taxable as ...View More

Refund-claims of different quarters cannot be clubbed at appellate-stage for reckoning limitation 

CESTAT Chennai rules that “Tribunal at appellate stage cannot club the refund claims of different quarters and then consider the period of limitation”, thereby dispels assessee’s not...View More

Services provided in J&K not 'exempted’; Credit reversal demand unsustainable 

CESTAT Ahmedabad drops demand towards credit reversal on input services of “Erection, Commissioning and Installation Services” provided by Assessee to National Hydroelectric Power Corporat...View More

No credit-reversal required on general provisioning in books not attributable to any particular asset/inventory 

CESTAT Delhi holds that reversal of credit under Rule 3(5B) of CENVAT Credit Rules, 2004 (CCR) is not required in case of making a general provision in the books of account for slow-moving/non-moving ...View More