CESTAT Rulings


Expenditure for CSR activities improves Company’s image, essential for smooth-operation, entitled for ITC 

CESTAT Mumbai sets aside order demanding duty, interest and penalty against input service availed by assessee- company towards fulfilment of Corporate Social Responsibility (CSR) activity; Rules that ...View More

Religious use includes providing education and medical-aid, which reduces 'human-suffering' 

CESTAT Delhi rules that works-contract service in relation to construction of school and hospital buildings owned by charitable institution/trusts registered u/s 12A/12AA of Income Tax Act is “e...View More

Design-engineering, site-run cost not includible in value of goods imported under same contract/AWB

CESTAT, New Delhi holds that cost of design engineering and site run is not includible in assessable value (AV) of Fermenter and Control Panel Assembly imported by vaccine manufacturer even though bot...View More

Citing no service of ‘notice’ fastening tax-liability under “healthcare-service” category, dismisses Revenue's appeal 

CESTAT Delhi rejects Revenue’s appeal, finds that, the tax liability under ‘healthcare services’ cannot be fastened on the assessee (Respondent) “at all because no notice has e...View More

Duty-demand unsustainable on beverage bottles broken during storage and handling

CESTAT Mumbai sets-aside order seeking excise-duty recovery on breakage of glass bottles which have been treated by assessee, a manufacturer in aerated water industry as ‘scrap’ finds the ...View More

Allows credit on sale-agent’s commission pre-2011; Amendment in "Input-service" definition applies retrospectively 

CESTAT, Mumbai holds Assessee eligible to avail CENVAT credit for tax paid on sale-commission paid to both Indian and overseas agents for the period between April, 2013 and August, 2015; Perusing the ...View More

Wheeling/cross-subsidy charges related/ancillary to electricity transmission/distribution, exempt

CESTAT, Hyderabad holds that activities related/ancillary to transmission and distribution of electricity would be exempt from payment of service-tax being bundled services, treatable as a provision o...View More

Mere omission does not tantamount to ‘suppression’ where facts are known to both parties 

CESTAT Delhi in a batch of appeals quashes order imposing service tax on commission income under ‘Business Auxiliary Service’ (BAS) by invoking extended limitation period. cites absence of...View More

'Router-Line-Cards' not ‘communication-apparatus’, but "parts"; Lays test for classification as component 

CESTAT Delhi rules that Router Line Cards (RLC) imported by Vodafone Idea (assessee) are “parts” of Routers and not ‘other communication apparatus’ under Heading 85.17; Infers ...View More

Surrender/foreclosure-amount retained by ICICI-Prudential not taxable; Affirms tax/penalty on “Policy-reinstatement-charges” 

CESTAT Mumbai sets-aside demand alongwith penalties on ‘surrender charge’ and ‘foreclosure charge’ retained by ICICI Prudential (assessee) from policy holder in respect of disc...View More