CESTAT Rulings


SCN adjudication & imposing redemption fine, penalty without assessment finalization "not permissible"

CESTAT Chandigarh drops redemption fine and penalties imposed u/s 112 and 114AA of Customs Act, 1962 where assessee-importer sought provisional release of mis-declared goods upon ‘differential d...View More

Construction-service credit available against renting post June 2007; Remits matter w.r.t. other output services

CESTAT Ahmedabad holds that CENVAT credit on Commercial and Industrial Construction Service (CICS) used for construction of building which in turn is used for renting purpose is available post June 1,...View More

Sets-aside refund rejection of duty paid 'under protest' on physician’s samples absent SCN issuance

CESTAT, New Delhi sets-aside order rejecting refund claim of differential duty under protest paid by the Assessee on physician’s sample in absent of issuance of show cause notice (SCN), also qua...View More

No violation of Regulations by 'authorized courier' absent involvement in import mis-declaration

CESTAT Delhi sets-aside suspension of license of assessee [authorized courier under Courier Imports and Exports (Electronic Declaration & Processing) Regulations, 2010] and forfeiture of security ...View More

Allows refund of unutilized Education Cess/KKC credit lying in account on July 1, 2017, rejects time-bar plea

CESTAT Chandigarh holds assessee entitled to refund of Education Cess, Secondary & Higher Education Cess and Krishi Kalyan Cess (‘Cesses’) lying unutilized in CENVAT credit account as ...View More

Revenue cannot demand interest from Custodian where duty was already paid by importer

CESTAT, Chandigarh dismisses Revenue's appeal against Commissioner(A)’s order whereby Revenue demanded interest from custodian (respondent/assessee, as appointed by the Revenue), on duty that wa...View More

DTA clearances of EOU in order where positive NFE, Export-Obligation condition met

CESTAT Delhi holds that where EOU manufacturers and exporters (assessees) are exporting identical/similar products and availed DTA clearance while achieving positive NFE and fulfilling export obligati...View More

Reversal formula only applicable to apportion 'common input-service' credit; adopts 'harmonious interpretation

CESTAT Delhi quashes demand under Rule 6(3)(i) considering that assessee followed Rule 6(2) and maintained separate records and has not taken credit on inputs/input services used in provision of tradi...View More

True UP Payments irrelevant for invoice value, quashes Revenue's order as “inconclusive"

CESTAT, New Delhi holds Revenue’s Order-in-Appeal to be inconclusive since it found several mistakes with the Order-in-Original but neither did it decide on those issues so as to modify the orde...View More

Imputed/Notional freight cost not includible to determine 'transaction value' of remnant ATF

CESTAT Larger Bench in a reference, rules that transportation/freight cost of remnant Aviation Turbine Fuel (ATF), left over in tank of aircraft returning from international flight, is not required to...View More