CESTAT Rulings


Extends credit on furniture used in guest-house, Aluminium Zinc anodes used in laboratory

CESTAT Ahmedabad rejects Revenue’s appeal, allows CENVAT credit on furnitures used in Guest House of factory and Aluminium Zinc anodes used in laboratory of the factory; Notes that guesthouse is...View More

No credit reversal required on general provisioning for slow moving inventory by auto-part manufacturer 

CESTAT, New Delhi holds that reversal of credit is not required where Assessee (auto part manufacturer) only created a general provision for slow-moving inventory and has actually not written off the ...View More

GST regime governs refund redressal/disposal at appellate stage in view of savings clause

CESTAT Mumbai allows assessee’s appeal, thereby entitling it to refund of CENVAT credits worth Rs. 18 lakh (with interest), against which payment of Service Tax was made during the GST regime an...View More

Allows credit on services availed for hotel construction; Sets-aside demand on withholding-tax

CESTAT Hyderabad sets-aside demand on “withholding tax” paid to Income Tax department in respect of payment to foreign service providers by Assessee, constructing a seven star hotel; Furth...View More

Compensation received by Port service-provider for making good financial-damages/injury not ‘taxable’

CESTAT Hyderabad quashes service-tax demand on ‘liquidated damages/compensation charges’ received by ‘Port service provider’ (assessee) from service recipient (importer) toward...View More

Statutory compensation received by Jindal Steel for cancelled coal-blocks not ‘consideration to tolerate’

CESTAT Kolkata rules that, no service-tax can be levied on statutory compensation received by Jindal Steels (Assessee) under Coal Mines (Special Provisions) Act, 2015 (CMSPA) for cancellation of alloc...View More

Quashes order denying CENVAT credit under Business Transfer Agreement, cites due compliance with Rule 10

CESTAT, Bangalore quashes Order denying CENVAT credit benefit transferred to the Assessee under Business Transfer Agreement, holds that the Assessee has duly complied with the requirements of Rule 10 ...View More

Raw/Packaging material used for testing medicaments qualify as ‘inputs"

CESTAT Ahmedabad rules that CENVAT credit is available in respect of inputs and packing material used in manufacture of medicament which is used for testing/quality purpose and destroyed thereafter; D...View More

Assessee not liable to service tax, follows SC dictum in L&T case

CESTAT, Hyderabad holds that Assessee is not liable to pay Service tax during the relevant period i.e. from April 2005 to March 2007, follows the decision of the Hon’ble Supreme Court in CCE vs....View More

Insurance-premium paid for mediclaim of employee's opting for Voluntary Separation an ‘input-service’

CESTAT (Larger Bench) allows Reliance Industries (Assessee) to avail CENVAT credit of the service tax paid on insurance premium for availing mediclaim facility for employees who opted for ‘Volun...View More