CESTAT Rulings


Transition of refund amount, subsequently reversed in GSTR-3B, a mere 'inadvertent error'

CESTAT Bangalore observes that transition of refund amount into GST regime was merely inadvertent error which was made good by subsequently reversing credit into GSTR-3B return filed in May 2018; Note...View More

Accepts remittance of differential duty as pre-deposit for filing appeal, relies on LB ratio

CESTAT Mumbai forms a view that payment of differential duty was remittance towards pre-deposit, holds Revenue in error in discarding the refund claim of importer and allows assessee’s appeal; A...View More

Waives late-fee for BoE filed belatedly on account of system-defect during GST transition

CESTAT Chennai opines that late-fee charges imposed on assessee due to system-related defect on account of which bill of entry (BoE) could not be filed in time, is not warranted, holds that same &ldqu...View More

Affirms domestic manufacturer’s exemption eligibility for clearance under ICB on threshold condition compliance

CESTAT Mumbai sets-aside order denying exemption to assessee-manufacturer who cleared goods (power driven pumps and parts) under ‘International Competitive Bidding’ (ICB) pertaining to pet...View More

Affirms domestic manufacturer’s exemption eligibility for clearance under ICB on threshold condition compliance

CESTAT Mumbai sets-aside order denying exemption to assessee-manufacturer who cleared goods (power driven pumps and parts) under ‘International Competitive Bidding’ (ICB) pertaining to pet...View More

Tax-regime change cannot affect credit availment right; allows refund of 'excess debit'

CESTAT Bangalore sets-aside order denying refund of excess debit of CENVAT credit made by assessee (a 100% EOU) by mistake while filing a refund claim in Form-A as per Rule 5 of CENVAT Credit Rules, 2...View More

Allows refund of tax paid by utilizing CENVAT on exempted works-contract service

CESTAT Ahmedabad holds assessee eligible for refund of service-tax paid through CENVAT credit as also interest paid for belated payment; Rejects view of lower authorities that refund of service-tax pa...View More

No one-to-one correlation required between input-service and exports; allows unutilized credit refund

CESTAT Bangalore allows refund of unutilized CENVAT credit to Assessee rendering Consulting Engineer Services to their clients/customers located outside India; Holds that in terms of consistent positi...View More

Refund cannot be denied for mere delay in reversing credit in GSTR-3B

CESTAT B’lore infers that procedural delay will not disentitle assessee from claiming refund when credit had been reversed in GSTR-3B; Sets-aside order rejecting refund of CENVAT credit under Ru...View More

Quashes Assessing Authority's refund rejection order passed without complying with Commissioner (A) remand directions

CESTAT Bangalore sets-aside order rejecting refund claim passed consequent to remand order of Commissioner (A) on ground that original Adjudicating Authority took more than 4 years to decide the issue...View More