CESTAT Rulings


No demand on duty-free imports by 100% EOU once duty paid on DTA clearances

CESTAT Ahmedabad sets-aside duty demand raised on raw materials imported duty-free by 100% EOU in term of Notification No. 52/2003-Cus noting that final product in which raw material was used, has bee...View More

Amount collected towards advancement of Yoga by charitable-trust registered under Income Tax, exempt

CESTAT New Delhi holds that no service tax is payable by Assessee-Trust, registered u/s 12AA of Income Tax Act engaged in carrying charitable activities (i..e ‘advancement of Yoga’); ...View More

Crude-Palmolein-oil eligible to exemption as edible-oil, entire BoE clearance treatable as ‘one-lot’

CESTAT, Hyderabad holds that, ‘Crude Palmolein Oil’ (edible grade) is ‘edible oil’, eligible for exemption to the extent of 50% under Exemption Notification No. 89/2005; Noneth...View More

Duty abatement benefit available on partial ceasing of work due to repairs

CESTAT Ahmedabad holds that even temporary ceasing of work in a factory, after following due procedure, and not just permanent ceasing of work, can entitle the asses...View More

Allows credit on 'packing machine' used for “Yo Frooti” manufacture by Parle International

CESTAT Mumbai sets-aside show cause notice alleging clandestine removal in manufacturing of “Yo Frooti” on finding a “clear intention” of assessee to use the machine imported i...View More

Services being "Work Contract Services", quashes demand under head “Commercial or Industrial Construction service”

CESTAT, New Delhi sets-aside service-tax demand under the head of “Commercial or Industrial Construction service” for period prior to 2012, holds that for the said period, the demand canno...View More

Directs refund of short-duty deposited owing to audit objections, absent SCN

CESTAT Delhi rules that deposit of short duty by assessee at the time of Revenue audit, in absence of any SCN as required u/s 11A of Central Excise Act, cannot be held to be payment against the demand...View More

Requires LB constution to decide BCD exemption on 'digital still image video cameras'

CESTAT Delhi refers the matter to President of Tribunal for constituting a Larger Bench for deciding (i) question of BCD exemption on ‘digital still image video cameras’ and (ii) correct i...View More

Upholds scrap sale-value inclusion in assessable value of clearances by job-worker

CESTAT Mumbai holds that value of scrap, retained by assessee in respect of products manufactured and cleared by them on job-work basis, requires to be included in assessable value in terms of Central...View More

Partner and partnership firm not distinct persons; Remuneration is share-in-profit, not taxable

CESTAT Bangalore rules that no service tax can be demanded on remuneration received by a partner on the ground that partner and partnership firm are n...View More