CESTAT Rulings


Quashes order enhancing assessable value of imports, condemns non-compliance of natural justice principles

CESTAT, Mumbai sets aside Order enhancing assessable value on the import of rubber accelerator in absence of evidence to displace the declared value, holds that the entire process, commencin...View More

Follows LB dicta to allow credit on deposit insurance service availed by Bank 

CESTAT Chennai sets-aside order disallowing CENVAT Credit availed by Indian Overseas Bank towards service tax paid on deposit insurance service provided by Deposit Insurance and Credit Guarantee Corpo...View More

Denies CENVAT credit on 'Corporate Social Responsibility' expense absent inclusion in 'input-service' defintion

CESTAT Delhi disallows CENVAT Credit on expenses incurred on Corporate Social Responsibility (CSR), and holds that, being "a legal responsibility does not make it an output service"; In clea...View More

Allows seized goods release; Finds condition imposed in provisional-order as "arbitrary, excessive" 

CESTAT Ahmedabad allows provisional release (PR) of goods on finding assessee at a better footing for its willingness to pay the entire duty of BCD and IGST which is over 25 crores on goods (Copper Ca...View More

Order merging different services of Assessee under single-head, travels beyond SCN, bad-in-law 

CESTAT New Delhi holds that Adjudicating Authority has travelled beyond the scope of SCN and “order is bad on this score alone” where demand in the SCN was proposed under ‘Cargo Hand...View More

Allows CENVAT-credit on outward freight where point of sale is consumer’s doorsteps 

CESTAT Delhi allows credit of service-tax paid on outward freight where the place of removal in case of delivery of goods on FOR basis is the door step of the consumer; Notes that, Revenue relied on S...View More

Applying ‘User-Test’ principle, HC-dicta, allows credit on steel-items used for setting sponge iron-kiln

CESTAT Kolkata finds that reliance placed by Commissioner (Appeal) on Larger Bench decision in Vandana Global to disallow a portion of the credit on steel items “cannot be sustained in...View More

Adjudicating Authority criticising Tribunal’s remand-order breaches 'quasi-judicial discipline'; Quashes confiscation 

CESTAT Mumbai raps Adjudicating Authority (AA) for breach of quasi-judicial discipline for criticising the conclusions of Tribunal's remand order and not following the directions contained therein whi...View More

Upholds classification of Room Air Conditioners, City Multi Variable Refrigerant Flow System under HSN 84151010 

CESTAT, Mumbai rules that classification of room air conditioners (RAC) and City Multi Variable Refrigerant Flow System (CMVRF) as claimed by the Assessee under HSN 84151010 a...View More

Assessee entitled to exemption on intermediate product, used to manufacture exempted final product

CESTAT Ahmedabad holds that show cause notice demanding duty from assessee on goods manufactured by job worker cannot be sustained; Notes that - (i) the assessee is engaged in manufacture of Bras...View More