CESTAT Rulings


SCN issued by DRI without jurisdiction, quashes all proceedings; follows Canon ratio

CESTAT New Delhi quashes show cause notice issued by the Principal Additional Director General, DRI u/s 28 of Customs Act as the said officer is not the ‘proper officer’, follows SC ruling...View More

'Branded Chewing Tobacco' different from 'Jarda Scented Tobacco', criticizes Revenue's mechanical approach

CESTAT Allahabad classifies ‘branded chewing tobacco’ under heading 24039910 w.e.f. June 01, 2015 citing absence of any odiferous substance, holds that, it cannot be similar to ‘jard...View More

Quashes duty demand for dubious CoO allegation without verification from Indonesian Govt.

CESTAT Ahmedabad sets-aside duty confirmation along with penalty and redemption fine on supplier who purchased coal on High Sea Basis claiming NIL Basic Customs Duty (BCD) under Exemption Notification...View More

Debit in SFIS-scrip not due discharge of duty-foregone, legalized only by recovery

CESTAT, Mumbai holds that that clearance of goods against debit of ‘scrip’ issued to recipients under ‘served from India scheme (SFIS)’ of Foreign Trade Policy is legalized onl...View More

'Consultancy-engineering' services provided to Cairn-India on foreign-recipient's behalf constitutes export, allows refund

CESTAT Delhi allows refund with interest in terms of Section 11BB of Central Excise Act, 1944 on export of consultancy services provided in India for and on behalf of foreign entity (service recipient...View More

No service-tax on interest income accounted as incidental charges/risk-interest/interest on gold-loans

CESTAT Bangalore sets-aside demand on account of interest irrespective of their nomenclature i.e., incidental charges/risk interest/interest on gold loan, holds “as long as the consideration rec...View More

No branding involved in gold-coins supplied for distribution under 'welfare-scheme' or as 'incentive'

CESTAT Chennai holds that "as long as the goods are not sold by the customers of the appellant in the brand name which they are manufactured, the same cannot be held bearing brand name making them dut...View More

Sets-aside presumptive demand raised by clubbing clearance of independent manufacturer’s unit

CESTAT Ahmedabad quashes clubbing of clearances of existing manufacturer/co-entity with assessee in appeal, sets-aside duty demand, interest and penalties on being convinced of independent existence o...View More

Entitles metals-manufacturer to cash-refund post GST of inadvertently paid service-tax

CESTAT Delhi sets-aside rejection of refund claim by Revenue treating amount paid by assessee as tax amount on premise that invoices issued by them are inclusive of service-tax; Observes that services...View More

Mutually beneficial agreement cannot make parties related, reprimands Revenue for traversing beyond SCN

CESTAT Kolkata affirms valuation of goods supplied to other Oil Management Companies (OMCs) at transaction value [i.e. the Import Parity Price (IPP)], holds that merely entering into a mutually benefi...View More