CESTAT Rulings


Cannot fasten demand equal to 5%/10% of exempted goods value for mere procedural non-compliance

CESTAT Kolkata holds that SCN demanding credit reversal equal to 5% or 10% of value of exempted products under Rule 14 of CENVAT Credit Rules, 2004, is not supported by law and it is not permissible t...View More

No ISD Registration required by marketing office for transferring credit to single manufacturing unit

CESTAT Ahmedabad holds that where assessee has only one manufacturing unit and revenue has not produced any evidence otherwise, there is no need of ISD Registration for a marketing office from which a...View More

Parallel proceedings for absolute confiscation & duty demand cannot continue; Allows provisional release

CESTAT Chandigarh holds the show cause notice issued in remand proceedings for absolute confiscation as barred by limitation as per section 110 (2) of Customs Act, allows provisional release of goods ...View More

Credit reversed under protest after audit-objection only ‘provisional’ & not final, allows refund

CESTAT Ahmedabad allows refund of CENVAT Credit reversed under protest due to audit objection, holds that, said payment cannot be said to have attained finality in terms of 11A (2) of Central Excise A...View More

Denying refund of tax-paid on rentals absent ineligible-credit recovery 'incorrect in law'

CESTAT Mumbai rules that denying refund of tax paid on rentals “is incorrect in law in the absence of recovery of credit for ineligibility”, consequently, allows refund of tax paid on rent...View More

Burdening SEZ-Unit with duties for minor procedural lapse will defeat scheme objective

CESTAT Ahmedabad upholds sanctioning of refund claim as well as condoning delay in filing by the Adjudicating Authority on finding that under any circumstances the SEZ Unit (Assessee) should not be bu...View More

Reimbursable expenses collected from clients not taxable, however, tax collected to be deposited

Hyderabad CESTAT sets-aside service tax demand on reimbursable expenses collected from clients,finds that "service tax has to be levied only for consideration received for service" refers to SC ruling...View More

50% capital credit availed by service-provider at changed business location 'legal and correct'

CESTAT, Ahmedabad holds that Assessee (a service provider) taking CENVAT credit of 50% on capital goods at Surat on account of change in office location from Mumbai is "absolutely legal and correct", ...View More

Condemns Revenue's failure to distinguish tax non-payment under unavoidable circumstances from mala-fide intent

CESTAT Delhi reproaches Revenue for its failure to distinguish “the nonpayment of tax for the reasons beyond the control of the assessee from the situation where the assessee has failed to depos...View More

Mere land procurement and getting necessary approval doesn't create service-tax liability

CESTAT Bangalore holds that mere procurement of land from the farmers and getting necessary approval from the government authorities will not create a tax liability under the taxable category of &ldqu...View More