CESTAT Rulings


Amount deposited during investigation cannot be retained once duty demand proposal set-aside

CESTAT Delhi rules that assessee is entitled for refund of amount paid at the time of DGCEI investigation (by way of cash and CENVAT credit); Noticing that proposals of duty demand have been set-aside...View More

Ship-broking service received from outside India not BAS; allows refund of inadvertently paid tax

CESTAT, Kolkata allows refund of service-tax inadvertently paid by assessee on ship-broking services availed from outside India under the taxable category of “Business Auxiliary Service” (...View More

Refers issue of refund maintainability absent any challenge, assessment, self-assessment in appeal to Larger Bench

CESTAT Chandigarh refers to Larger Bench (LB) the issue whether refund claim of service tax paid erroneously on export of service is maintainable in the absence of any challenge or assessment or self-...View More

Exclusive part supersedes main definition, denies input-credit on works-contract services for factory repairs

CESTAT Ahmedabad holds that exclusive part of Input Service definition "supersedes or overrides main definition and inclusive part”, thus, dismisses appeal filed by Assessee against denial of CE...View More

Provision of back-office & IT support by Macquarie to group entities not 'Intermediary service'

CESTAT Chandigarh holds that Assessee is not an ‘Intermediary' while providing data processing, back-office and IT enabled support services to various Macquarie Group entities worldwide and...View More

Inclusion of turnover of Assessee's manufacturing unit being ISD, for determining reversal amount, appropriate

CESTAT, Bangalore on observing that for activities in Puducherry manufacturing unit of Assessee, centralized service tax registration is applicable, which is as a service provider as well as an input ...View More

Reversal of proportionate CENVAT-credit attributable to wheeled-out electricity sufficient to meet manufacturer’s obligation

CESTAT Hyderabad holds that reversal of proportionate CENVAT credit under Rule 6(3A) of CENVAT Credit Rules, 2004, attributable to electricity wheeled out (exempted goods) by a manufacturer having a c...View More

Exemption Notification comes into force from 'publication date’, allows differential duty refund

CESTAT Ahmedabad allows refund of differential duty to Indian Oil Corporation Ltd. (assessee) being the difference between the higher duty paid on enhanced rate of petrol and diesel and lowe...View More

Companies registered Independently in respective countries not 'establishments outside India'; allows export status

CESTAT Ahmedabad holds that services provided by assessee to independent companies registered/located outside India (service recipients) are export of services under Rule 6A of Service Tax Rules, 1994...View More

12% interest leviable on refund of pre-deposit from deposit date to refund date

CESTAT Delhi finds that 12% interest on refund of pre-deposit is leviable from the date of deposit till the date of refund u/s 35FF of Central Excise Act, 1944; Notes that after the first round of lit...View More