CESTAT Rulings


CENVAT credit denial of 1%/2% CVD paid on imported steam-coal 'illegal'

CESTAT New Delhi CESTAT New Delhi holds that “the Commissioner committed an illegality in disallowing CENVAT Credit of 1%/2% CVD paid on the imported coal”; Quashes Rs. 51.47 crores demand...View More

Excess demand confirmation u/s 73 unsustainable; Balance Sheet figure more authentic vis-à-vis Form 26AS

CESTAT, Chandigarh sets-aside confirmation of excess service-tax demand u/s 73 of the Finance Act against a words contract service provider; Holds that “As excess recovery of service tax can be ...View More

No service tax on Income Tax TDS portion borne by recipient

CESTAT Chennai sets-aside demand of service tax on amount of Tax Deducted At Source (TDS) borne by assessee (service recipient) while grossing up the consideration payable to service provider; An advi...View More

Allows CENVAT on mall construction pre-April 2011; Dismisses Revenue’s 'absence of nexus' submission

CESTAT New Delhi allows CENVAT credit to assessee who availed credit of excise duty/CVD on inputs/input services used for construction of ‘mall’ prior to April 01, 2011; Assessee availed t...View More

Dismisses assessee’s ‘bona-fide’ plea in construing goods attracting NIL duty-rate as non-excisable

CESTAT Bangalore affirms denial of exemption available to small-scale industries (SSI) on clearances of excisable goods chargeable to NIL rate of duty where assessee (manufactures bread, buns, cookies...View More

Sets-aside demand on Watch & Ward Service to Metro Railways, Section 11D invocation

CESTAT Kolkata sets-aside demand of service tax under the Finance Act, 1944 and a further demand u/s 11D of Central Excise Act, 1944 on Watch & Ward (checking assistance) Service for checking tick...View More

Refund once sanctioned cannot be termed 'erroneous'; Quashes recovery-order against manufacturer in Meghalaya

CESTAT Kolkata quashes recovery of amount already refunded to assessee who availed area-based exemption benefit prescribed vide Notification No. 32/99-CE and executed FOR contracts which specified &ls...View More

Hyundai Motors eligible to CENVAT credit of service-tax paid under 'Reverse Charge Mechanism'

CESTAT, Chennai holds the Assessee (Hyundai Motors) eligible to CENVAT credit of service-tax paid under ‘reverse charge mechanism’ (RCM), explains that when service-tax is paid under RCM a...View More

Quashes demand against Satyam Cineplex on distributor's film exhibition under ‘immovable property renting’

CESTAT, New Delhi quashes Rs. 14.25 crores demand against Satyam Cineplex (Assessee) confirmed under ‘renting of immovable property’ category on exhibiting films of film distributors witho...View More

Allows ‘outward freight’ credit on woven-fabrics/sacks sold on FOR destination basis

CESTAT Delhi allows CENVAT credit on ‘outward freight’ in case of 'FOR destination sales' where seller-assessee retains the risk of loss until the goods reach the buyer, in terms of Rule 3...View More