CESTAT Rulings


Restructuring bare building into showroom by realtor not finishing service but original works 

CESTAT Delhi holds that conversion of bare skeletal structure of a building into modern commercial showrooms/outlets constitutes as ‘original works’, consequently quashes demand of service...View More

Construction services for IIT & other educational institutions exempt; Dismisses Revenue's appeal 

CESTAT Allahabad rejects Revenue's appeal, upholds the original order dropping demand for construction services rendered by assessee to education institutions like IIT, JK Educational Foundation, Supe...View More

Citing assessee’s consistent absence, direct evidence, upholds demand for undervaluing transaction value & RSP 

CESTAT Delhi upholds demand on assessee for undervaluation of import transaction value and for declaration of lower retail sale price (RSP) in the Bills of Entry; Observes that this is one of the rare...View More

Revenue Bears ‘onus of proof’ to show direct, incontrovertible evidence regarding clandestine removal 

CESTAT Allahabad holds that “charges of clandestine removal of the goods cannot be upheld merely on assumptions and presumptions, but has to be proved with positive evidence such as purchase of ...View More

Allows immediate, unconditional re-export of harmful insecticides 

CESTAT Allahabad in appeal concerning wrong shipment of insecticides, quashes order rejecting re-export of insecticides on finding that refusal to allow re-export is founded “merely on assumptio...View More

FOB value redetermination beyond Customs authorities' competence; Export incentives payable on exporter's declared value 

CESTAT Delhi sets aside Revenue's re-determination of FOB value for Readymade Garments exports, ruling that since FOB value represents the mutually agreed price between buyer and seller, Customs autho...View More

Standalone hostel fee for non-residential courses exempt, not construable as commercial coaching service 

CESTAT Kolkata holds that standalone accommodation service in a hostel for residential purposes would squarely fall within the periphery of exemption in terms of ‘renting of immoveable property ...View More

Auto dealer collecting ‘Booking Cancellation Charge’ not ‘consideration’ towards service; Quashes demand 

CESTAT Allahabad holds that no service tax is leviable on the authorized dealer (Assessee) of Hyundai Motors India, deducting booking cancellation charges in respect of advance booking made by custome...View More

No excise-duty payable on Flue Gas generated during coke manufacturing 

CESTAT Kolkata hold that the flue gas which is generated in the manufacture of coke is not manufactured product, therefore, duty is not payable; Follows own ruling in Tata Steel that was issued in ass...View More

Restores excess duty refund on iron-ore export; Rejects Commissioner(A)’s order as contrary to SC Ruling & Circular 

CESTAT Hyderabad sets aside order of Commissioner (Appeals) that reversed the refund of excess export duty by rejecting the transaction value declared by Assessee for export of WMT of Iron Ore Fines, ...View More