CESTAT Rulings


Declared classification prevails by default; Description of 'boats' in BoE cannot be faulted

CESTAT, Mumbai while presiding over dispute over classification pertaining to vessels declared as ‘Excursion Boat’ reiterates that, declared classification prevails by default and “d...View More

Provision of unjust enrichment for refund inapplicable to cases of finalization of provisional assessment

CESTAT, Ahmedabad holds that the provisions of Section 11B of the Central Excise Act would not govern the grant of refund claims arising on account of finalization of provisional assessment under Rule...View More

Upholds penalty for incorrectly valuing products to RP, cites bar of 100% refund to N-E manufacturers

CESTAT Kolkata, on remand by Meghalaya HC, reverses its earlier order to  restore the penalty imposed by the original order on the assessee for incorrectly valuing its final products cleared to r...View More

Toll-collection for NHAI, on Principal-to-Principal basis, not taxable as 'Business Auxillary Service'

CESTAT, New Delhi rules that collection of ‘User Fee’/‘Toll’ on National Highways by Assessee cannot be categorised as an activity of providing ‘Business Auxillary servic...View More

ECIS-service used for expansion, renovation & modernization of existing petroleum plant, CENVATable

CESTAT Ahmedabad allows credit to Reliance Industries on Erection, Commission, Installation Services (ECIS) and Works Contract Service (WCS) availed from various contractors/service providers for mode...View More

Quashes extended period demand on cigarette samples removed for quality control tests

CESTAT Kolkata rules that the demand of duty in respect of cigarettes cleared for testing purposes for the period March 1, 1983 to December 27, 1990 is sustainable “only in respect of normal per...View More

Hero MotoCorp Chairman not 'beneficial owner' of foreign currency seized from travel co-ordinator

CESTAT Delhi holds that Chairman, CEO & MD (Pawan Munjal) of Hero MotoCorp Ltd. (HMC) is not a “beneficial owner” of seized foreign currency, absolves him of penalt...View More

No duty on 'Carbon Dioxide' produced during Beer manufacturing and consumed captively

CESTAT, New Delhi quashes duty demand on Carbon Dioxide (CD) which arose inevitably as a consequence of manufacturing “Beer” (non-excisable under Central Excise Act but excisable under Raj...View More

Upholds denial of Education Cess credit on procurements from 100% EOU

CESTAT Mumbai affirms Adjudicating Authority’s order which held that in case of inputs procurement by domestic manufacturer from EOUs, availment of CENVAT credit&nb...View More

Legal-consultancy services availed by Lehman Brother for winding-up doesn’t prove ‘business entity’ existence

CESTAT Mumbai allows Lehman Brothers Securities (assessee) to claim refund of service tax paid by them ‘under protest’ under Reverse Charge Mechanism (RCM)&nb...View More