CESTAT Rulings


'Student recruitment services' to Parent Company as sub-contractor not taxable as an 'Intermediary'

CESTAT Delhi sets-aside service tax demand on commission received by Assessee in respect of ‘Student Recruitment Services" rendered to its Parent Company located in Australia to help recruit stu...View More

Demand cannot be fastened on assessee merely basis third party statement and documents

CESTAT Ahmedabad rules that demand under Central Excise Act cannot be confirmed based on statements of third party witness recorded u/s 14 but not cross-examined u/s 9; Notes that, entire demand ...View More

Condemns Revenue’s non-adherence to 'judicial discipline' by discarding binding decisions; remands matter

CESTAT Mumbai in view of failure of Revenue to consider and adhere to decisions of appellate authorities, demonstrating lack of judicial discipline, directs to test the applicability of these decision...View More

Employees/Service engineers deputed by parent entity to Indian arm not "Manpower Supply Service”

CESTAT Chennai quashes demand under ‘Manpower Recruitment and Supply Service’ (MRSS) in respect of service engineers deputed by overseas parent entity to Indian entity (assessee) for rende...View More

Defines franchisee framework, upholds liability on grant of ‘representational right’ outsourced from MSRTC

CESTAT, Mumbai upholds demand as provider of ‘franchisee service’ in terms of Section 65 (105)(zze) of Finance Act, 1994 for grant of ‘representational rights’ for providing co...View More

No service by INOX to distributors/producers for exhibiting films under 'revenue sharing arrangement'

CESTAT Hyderabad sets-aside demand against Inox under ‘business support services’ (BSS) with interest, penalty and instead holds that assessee has been granted the non-exclusive license to...View More

Sets-aside order of loading w.r.t. related-party imports sans appropriate proceedings by ‘proper-officer'

CESTAT Mumbai sets aside order by which loading value of imported goods (i.e. ‘Rexona antiperspirants’) sourced by HUL from Unilever Australia was re-determined at 20% without procedural o...View More

Tax-paid under RCM pursuant to audit does not tantamount to ‘arrear’ recovery post GST

CESTAT Chennai holds that the payment made by assessee (under reverse charge on foreign remittances) after being pointed out by Audit Officers “does not fall under recovery of arrears of tax by ...View More

No liability upon JV constituent for reimbursement charged towards employee cost to joint account

CESTAT Mumbai sets-aside demand relating to cost of employees and labour fastened on assessee operating under an unincorporated joint venture (JV) arrangement in respect of Tipti and Panna & Mukta...View More

Retrospective effect of exemption applicable on works executed for Goa State Industrial Development Corporation

CESTAT Mumbai holds that retrospective effect of exemption is applicable to electrical works executed and maintenance undertaken by Assessee for Goa State Industrial Development Corporation and Goa Me...View More