CESTAT Rulings


No Service tax on "Right to use" component exclusively transferred under Trademark License Agreement 

CESTAT, New Delhi upholds Principal Commissioner’s finding that service tax cannot be levied on the “right to use” component of the Trademark License Agreement executed between Asses...View More

Pre-deposit payment cannot be made through ECL debit under GST regime 

CESTAT Allahabad rules that mandatory pre-deposit for an appeal payable under erstwhile regime, as per section 35F of the Excise Act “cannot be made by way of debit in the Electronic Credit Ledg...View More

Reprimands Revenue’s ignorant approach in denying exemption on Melamine import under DFIA-licence 

CESTAT, New Delhi comes down heavily on Revenue for passing the order denying benefit of Duty Free Import Authorization (DFIA) licence on Melamine import by relying on opinion of Central Leather Resea...View More

Allows duty-remission benefit to Hindustan Petroleum on transit-loss within condonable limit, quashes demand 

CESTAT, Hyderabad rules that Hindustan Petroleum Corporation (assessee) is entitled to remission of transit losses of petroleum products in terms of Circular dated October 19, 1981 which clarifies tha...View More

Assessee and Buyer being interconnected undertakings, transaction value of goods to be considered 

CESTAT, New Delhi observes that the assessee and the buyers are inter-connected undertakings and, therefore, are related persons in terms of sub-Clause (i) of Section 4(3)(b) of Central Excise Act and...View More

Mere mention as Associated/JV in Balance Sheet insufficient to prove Buyer as ‘related’ 

CESTAT, New Delhi rules that mere mention in balance sheets about the buyer to be ‘Associated or Joint Ventures’ will not be sufficient to prove that buyers are ‘related persons&rsqu...View More

Paper-Cess not excise-duty, excludible for Education Cesses calculation; Section 11B not applicable

CESTAT Kolkata rules that Paper Cess is not to be included in the calculation of Education Cess (EC) and Secondary and Higher Education Cess (SHEC), discards Revenue argument that EC is levied on the ...View More

Wipro eligible to exemption on diversified products manufactured in same unit by adding new machines

CESTAT, Chandigarh opines that adding new machines has only resulted in diversification of production capacity  by Wipro (assessee), while old products continued to be manufac...View More

No 'Intermediary-Service’ by ‘Blackrock’ in developing interface for investment-managers to undertake portfolio-management 

CESTAT Chandigarh sets-aside orders of lower forum rejecting refund claim of BlackRock Services India Pvt Ltd. (an 100% EOU) arising from service rendered to US based client relating to development of...View More

Spare parts' imported for interceptor boats used by Coast Guard exempt from customs duty

CESTAT Ahmedabad holds that the supply of imported ‘B&D spare parts’ for 'interceptor boats' used by Indian Coast Guard for the security of coastal borders are exempt from customs duty...View More