CESTAT Rulings


Charges of ADD evasion without clear exposition of linkages with COO violation unsustainable 

CESTAT Chennai quashes order passed by the Commissioner of Customs regarding the import of PVC flex banners from China via Malaysia allegedly to evade anti-dumping duty (ADD); Noting that Assessee sta...View More

Cargo handling with undertaking regarding contraband, currency notes etc taxable as courier service 

CESTAT Delhi holds that Assessee providing ‘cargo handling services’ to various clients, which includes door-to-door delivery on extra charges, is taxable as “courier service” ...View More

Takeaway or pickup by Haldiram Snacks not liable to service tax 

CESTAT Allahabad quashes demand of service tax on ‘takeaway or pick-up’ service provided by Haldirams; Follows Tribunal decision in case of Bikanervala Foods which relied on dicta propound...View More

Denying refund of unutilized-credit lying at the time of factory closure, elucidates law on ‘binding-precedent’ 

CESTAT Chennai denies refund of unutilized Cenvat Credit lying in the books of the Assessee-Manufacturer at the time of closure of its factory premises; Interpreting Section 11B(2)(c) of the Central E...View More

Quashes demand on Inox Air for setting up Cryogenic Air Separation plant 

CESTAT Mumbai quashes service tax demand on supply of industrial gases and leasing of the equipment of Cryogenic Air Separation Plant (oxygen plant), ruling that assessee are not ‘absolute owner...View More

Permits exclusion from taxable value, electricity charges paid on tenant's behalf 

CESTAT Chennai in favor of Assessee, permits the exclusion of electricity charges paid on behalf of its tenant (BSNL) from the taxable value; Perusing the agreement entered by the Assessee with BSNL, ...View More

VRF AC’s Indoor/outdoor units imported from Thailand classifiable as ‘Parts’, eligible for duty-exemption 

CESTAT Chennai classifies the models of Toshiba’s Air Conditioners’ Outdoor unit and Indoor units imported by One Care Medical Centre (assessee) from Toshiba Carrier (Thailand) under CTH 8...View More

Aluminum covered copper clad laminates exempt, follows Canon over jurisdiction of Customs Authority 

CESTAT Delhi in cross appeals by Revenue and assessee over exemption on import of “aluminumbased Copper Clad laminates” and jurisdiction of ‘proper officer’ to issue SCN, follo...View More

Allows Indian-Terrain CENVAT-credit on Rent, Franchisee Commission & Stocks transport to retail-shops 

CESTAT Chennai allows Indian Terrain Fashions Ltd (assessee) to claim CENVAT-credit on rent paid on immovable property in respect of retail outlets, on sales commission paid to the franchisees and on ...View More

Forest Department collecting fees for jungle-tours, tourist-accommodation not taxable as ‘commercial’ activity 

CESTAT Chennai rules that District Forest Officer,Anamalai Tiger Reserve (Assessee) collecting fees, charges, etc. for permitting persons, arranging Jungle Safari/sightseeing during day time as well a...View More