CESTAT Rulings


Quashes duty confirmed as GTA without basic-inquiry of arrangement with Nepal-trader for transport-facilitation 

CESTAT, Allahabad holds that it is not established that Assessee’s activity of facilitating transportation of goods to Nepal by engaging own trucks or other truck operators falls under ‘Go...View More

Adopting different stand on classification in different Commisionerates negates purpose of Tariff Act

CESTAT Mumbai affirms the order of Commissioner (A), Mumbai classifying Small Factor Pluggable (SFP) imported by Reliance Jio (Assessee) as part of telecommunications equipment like Ethernet Switch, P...View More

No tax-evasion in classifying construction-service under wrong head; Demand under WCS time-barred

CESTAT, New Delhi rules that the Assessee was bound to classify its construction services under works contract services after June 01, 2007, however holds that, although Revenue is correct on merits, ...View More

Absent 'clinching evidence' demonstrating involvement in selling forged licenses, quashes penalty

CESTAT Ahmedabad absolves the assessee from penalty imposed u/s 112(a) & 114AA for alleged involvement in selling forged Duty Entitlement Pass Book (DEPB)/Vishesh Krishi and Gram Udyog Yojana (VKG...View More

Assessee’s acceptance of enhanced value no ground to bypass statutory mandate prescribed for reassessment 

CESTAT, Ahmedabad on noting that the orders upholding reassessment of Bills of Entry (BoE) by enhancing the value were passed without assigning any reasons for discarding the transaction value, remand...View More

LB resolves conflict; Extends exemption to NSOP aircraft operator rendering charter services

CESTAT Ahmedabad (LB) rules that aircraft operators importing aircrafts for non-scheduled (passenger) services (NSOP) in terms of permit granted by DGCA can use the same for providing non-sc...View More

Despite submission of ‘proof of export’, demand alleging ‘goods cleared in DTA’ unsustainable

CESTAT Mumbai finds no merit in demand raised on EOU (assessee) where despite submission of proof of export, Customs authorities have treated the goods cleared for exports as goods cleared in DTA; Not...View More

Purification of waste oil to yield reclaimed fuel oil not manufacture, demand unsustainable

CESTAT Ahmedabad holds that process of cleaning/purification of waste-oil to yield reclaimed fuel-oil does not amount to manufacture as defined u/s 2(f) of Central Excise Act, 1944 and once, it i...View More

Construction of Toll plaza, administrative building, etc part of road, exempt from Service tax 

CESTAT, Bangalore allows Assessee’s appeal with consequential benefits, sets aside penalties imposed by Revenue and holds the Assessee entitled to Cenvat Credit; Concurs with Assessee’s co...View More

Demand based on unverified customer documents, TDS/26AS Statement unsustainable

CESTAT Ahmedabad sets aside service tax demand against the Assessee (engaged in trading as well as providing commission services) under the head of ‘business auxiliary services’ (BAS) for ...View More