CESTAT Rulings


Sets-aside order demanding credit-reversal by 100% EOU; Dept. cannot adopt 'contrary view'

CESTAT Bangalore sets-aside order demanding reversal of CENVAT credit on Event Management, Outdoor Catering, Mandap or Shamiana Service and Rent-a-Cab service by Microsoft India’s 100% Export Or...View More

No NCCD on ‘gas-condensate’ arising as intermediate during Naphtha-manufacture absent marketability

CESTAT Delhi holds that National Calamity Contingent Duty (NCCD) would not be leviable on ‘gas condensate’ (mixture of heavier hydrocarbons), arising as an intermediate product at the time...View More

Sets aside absolute confiscation of exotic birds/animals brought domestically, directs return

CESTAT Delhi sets-aside Revenue’s order of absolute confiscation of exotic birds and animals owned by Assessee, directs return of seized birds/animals within seven days; Relies on Allahabad HC&r...View More

Allows CENVAT-credit to Pepsico on services used for setting-up factory post April, 2011

CESTAT Hyderabad holds that services used for setting up of assessee’s factory is covered by definition of ‘input service’ post April 2011, sets-aside order denying CENVAT credit and...View More

No service-tax on liquidated damages collected for supplier's non-adherence to contractual time-limits

CESTAT Chennai holds that no service tax is applicable on liquidated damages and penalties recovered by SAIL (Assessee) for non-adherance to the time-limits mentioned in the contract by its suppliers;...View More

Citing prejudice by Adjudicating Authority for non-consideration of assessee's arguments, remands matter

CESTAT Mumbai opines that order denying CENVAT credit predicated entirely upon adjudication effected by Commissioner of Central Excise with jurisdiction over suppliers of assessee located in Jammu and...View More

Commissioner (Appeal) order requiring total pre-deposit of 17.5% till second appeal stage, unsustainable

CESTAT Ahmedabad modifies Commissioner (Appeals) [First Appellate Authority (FAA)] order deeming it to be “not sustainable” requiring assessee to pay a total pre-deposit of 17.5% [i.e. 7.5...View More

Absent malafide, penalty upon shipping-line for inadvertent error/omission in filing EGM "unwarranted"

CESTAT Chennai opines that non-filing of Export General Manifest (EGM) by assessee who is a vessel operator/shipping line is “only an omission which is a condonable lapse”; Perusing Sectio...View More

Mere export through third-party exporter does not tantamount to EPCG licence condition violation

CESTAT Chennai sets-aside order of confiscation and consequent penalty on assessee (job worker) who exported goods through third-party exporter, disregards Revenue’s allegation of violation of c...View More

Chides Revenue's attempt to re-open matter already dismissed by SC

CESTAT Ahmedabad holds that vegetable raw-oil (obtained from solvent extraction process of edible oils seeds in course of manufacture of final product) cannot be treated as product of 100% EOU (engage...View More