CESTAT Rulings


SCN denying transition credit issued after 2 years without establishing evasion, hit by limitation

CESTAT Chennai holds that Assessee, a company under the Ministry of Defence (MoD) has certainly made out a strong case in its favour on limitation and succeeds on this count, despite inferring that As...View More

Relief to Bharti Infratel; Sets-aside demand on capital goods cleared as “scrap”

CESTAT Delhi sets-aside demand against Bharti Infratel (providing ‘infrastructural support services’ to telecom companies) raised under Rule 3 (5A) of CENVAT Credit Rules, 2004 (CCR) on ca...View More

Any compensation paid under contract not consideration; demand on notice-period recovery unsustainable

CESTAT Delhi sets-aside demand on notice-period pay received/recovered by assessee (employer) from employees for premature resignation; Rejects Revenue’s plea that assessee tolerated its em...View More

Provisional duty paid under protest not being ‘deposit’, Limitation, unjust-enrichment applicable thereto

CESTAT Ahmedabad dismisses assessee’s appeal, holds that payment of amount being 20% of provisional duty assessed is “duty” and not security deposit as claimed by assessee; However, ...View More

Failure to maintain record, uneven energy consumption, can’t be bedrock to allege 'clandestine-production'

CESTAT Mumbai sets aside a total demand of Rs. 3.01 crores (approx.) on manufacturer of ‘mild steel ingots’ (assessee) based on allegation of clandestine production; Notes that original or...View More

Allows CENVAT on ‘Steel Plates’ used for storage-tank/LPG fabrication at refinery

CESTAT Ahmedabad sets-aside demand of CENVAT credit on ‘steel plates’ used as ‘inputs’ for fabrication of Storage Tanks/LPG spheres (capital goods) at refinery; While Reve...View More

CENVAT Credit refund denied solely based on error in closing balance, illegal 

CESTAT, New Delhi holds that the denial of CENVAT Credit refund claim in part, solely on the basis that the same was to be given in respect of closing balance of credit as declared in the return for t...View More

Minimizes penalty on employee for filing shipping bill ‘without knowledge of overvaluation’ by employer

CESTAT Ahmedabad drops the penalty proceedings against assessee for overvaluation of ‘Friction Free Die’(GRP Mould Die) 1CTN (20 pieces packed with one cartons) which were to be exported w...View More

No credit-reversal on wastage arising during chemical-processing returned after 180-days by job-worker

CESTAT Ahmedabad quashes recovery of CENVAT credit on ‘wastage’ of inputs chemicals i.e. Di-Ethyl Triamine Z (DETA) and Amine Z returned by Job-Worker to assessee-manufacturer after proces...View More

CESTAT: Diesel Generator sets supplied on hire to customers not a taxable service

CESTAT Allahabad holds that supply of diesel generator (DG) sets to the customers under Hire Purchase Agreement would not amount to Supply of tangible goods for use (STGU) service for the period April...View More