CESTAT Rulings


Citing absence of intention to import goods contrary to safeguards/prohibition, quashes 'confiscation'

CESTAT sets aside imposition of redemption fine and penalty observing that Assessee had “no intention to violate FSSAI and FSS Act and had no intention to import goods contrary to the prohibitio...View More

Laments Revenue for travelling beyond SCN to deny CENVAT on 'warehousing service'

CESTAT Ahmedabad sets-aside order denying CENVAT Credit of Service Tax paid in respect of warehousing service availed for storing imported inputs before bringing same to factory for further processing...View More

Club Membership, Credit Card & Photography Services qualify as input-service, allows refund

CESTAT Bangalore allows CENVAT credit on Club Membership, Photography & Credit Card and Debit Card Services, holds assessee eligible for refund under Notification No. 27/2017- CE r/w Rule 5 of CCR...View More

Cost sharing agreement, Expenses from overseas group co. cross-charged not ‘Business Support Service’

CESTAT B’lore sets aside confirmation of demand under the Business Support Service on merit as well as on limitation, debunks Revenue’s stance of fixing service tax liability under ‘...View More

No service provider-recipient relationship between partner & firm, allows refund of service-tax paid inadvertently

CESTAT, Ahmedabad sets aside refund rejection order against a pharmaceutical company, holds that no instance of service tax arises w.r.t. remuneration paid to partner by partnership firm; Expresses in...View More

Profit earned from Mutual Fund Investment doesn't make Assessee a 'Service-Provider' in Securities

CESTAT, Bangalore holds that just because Assessee, providing 'Commercial Training and Coaching Services', earned profit from investment in Mutual Fund (shown in books as other income), does not make ...View More

Cannot consider statements recorded under threat as 'voluntary'; Revenue to prove 'clandestine removal'

CESTAT Delhi sets-aside Commissioner’s order confirming penalty against assessee for clandestine removal of copper ingots, cites wrong application of Sections 31, 58 and 106 of Indian Evidence A...View More

Allows SAD refund to assessee being 'owner' of goods transferred under slump-sale agreement

CESTAT Chennai allows assessee’s appeal against order proposing to recover a portion of sanctioned 4% SAD refund alleging that assessee is not owner/importer of goods (excavator machines); Notes...View More

Upholds employer’s eligibility to claim CENVAT on ‘Workmen Compensation Policy’

CESTAT Larger Bench (LB), on reference, holds the employer eligible to claim CENVAT Credit on ‘Workmen Compensation Policy, remarks that “matter may be placed before the appropriate bench ...View More

Sales & marketing service rendered to group company qualify as ‘export’; Allows refund

CESTAT B’lore quashes order rejecting export claim of assessee in respect of services rendered to group company located outside India; Relying on SC ratio in Super Poly Fabriks Ltd., finds that ...View More