CESTAT Rulings


‘Security Agency Service’ by Police, Home Guards, Govt. Officer unamenable to service-tax

CESTAT Delhi holds that assessee who is the Commandant of Home Guards in the State of Rajasthan created under Rajasthan Home Guards Act, 1963 providing security services to various Govt. as well as pr...View More

Rues over Revenue for basing conclusions on visual examination for baby garments classification

CESTAT Mumbai finds “no reason to allege misdeclaration, either on the count of size or of composition, with the detrimental consequences of revising the rate of duty and the assessable value&rd...View More

Ruchi-Soya as service-recipient not liable to tax on compensation from Suzlon for service-flaw

CESTAT Delhi rules that “service recipient cannot be fastened with any liability to pay tax”, holds that amounts received by Ruchi Soya (assessee/service recipient) in terms of Machine Ava...View More

‘Split air-conditioners’ used for cooling/heating spaces classifiable under Heading 8415; Quashes recovery

CESTAT Mumbai classifies the split air-conditioners imported by assessee from Thailand under tariff item no. 84151010 of First Schedule to Customs Tariff Act, 1975 noting that split systems are air co...View More

Quashes demand on Commercial or Industrial Construction Services before introducing works-contract service

CESTAT Hyderabad sets aside the service tax demand alleging that assessee engaged in construction business is liable to service tax prior to June 01, 2007 (introduction of classification of works cont...View More

Citing ‘Revenue neutrality’, quashes demand against Air-Asia on services received from abroad

CESTAT Bangalore sets-aside demand against Air Asia (assessee), finds assessee's case to be squarely covered “by doctrine of revenue neutrality” w.r.t. service-tax paid under 'reverse char...View More

Section 142 (9)(b) of CGST Act overrides section 11B; Permits unutilized CENVAT-credit refund

CESTAT Bangalore allows cash refund claimed u/s 142 (9)(b) of CGST Act in a scenario where the assessee (PNB) carried forward unutilized balance of CENVAT credit increased on account of filing revised...View More

No malafide attributable to real-estate developer regularly discharging liability on receipt of instalments

CESTAT, New Delhi allows appeal of assessee, engaged in residential complex construction who obtained 'completion certificate' from concerned Architect under a bonafide belief that Gram Panchayat is t...View More

Managing investors' money under 'trust structure' by Venture Capital Fund, a 'taxable service'

CESTAT Bangalore holds that Venture Capital Funds (VCFs) established as Trust engaged in managing the amounts invested by Contributors/ Subscribers/Investors squarely falls under Asset Management as a...View More

‘Convenience-fee’ charged by PVR over & above ticket price for online-booking not OIDAR service

CESTAT Delhi holds that ‘convenience fee’ charged by assessee (PVR Ltd.) for online booking of movie tickets through its website is not exigible to service-tax under the cat...View More