CESTAT Rulings


Cannot deny exemption for 'non-scheduled air-transport' through prism of revenue-maximization, usage-evaluation

CESTAT dismisses Revenue’s appeal, extends the benefit of exemption from customs duty on aircrafts imported for ‘non-scheduled air transport (passenger) service’ and deployed for car...View More

Third Member to decide service-tax applicability on settlement services under internet "peering arrangement"

Third Member to decide applicability of service tax against MTNL, a Public Sector Undertaking (assessee) engaged in providing services under a bilateral domestic private “pearing arrangement&rdq...View More

Vessel berthed at Indian port 'engaged' for operations outside territorial waters a "Foreign-Going-Vessel"

CESTAT holds that vessel engaged for carrying out repairs of cables located in South East Asia is a 'Foreign Going Vessel' (FGV) in terms of inclusive definition contained in Section 2(21)(ii) of the ...View More

Usage of 'aircraft' for 'private-purpose' under guise of 'non-scheduled permit' violates exemption-condition

CESTAT holds that, non-usage of aircraft post import for non-scheduled passenger services or non-scheduled charter services (NSOP/C) amounts to violation of undertaking based upon which customs exempt...View More

Advt./sales promotion expenses not includible for imported goods valuation, distinguishes Rebok ruling 

CESTAT holds that advertisement/ sales promotion expenses incurred by importer and distributor of sports goods, cannot be included in value of imported goods for determination of customs duty, sets as...View More

Third Member holds appeal as being filed within time-limit, remits matter to Commissioner

Third Member finds the appeal against the order of the Assistant Commissioner to be passed within the time-limit prescribed u/s 35(1) of Central Excise Act, 1944 while answering a reference made on ac...View More

‘Right-to-use’ 'Anti-virus software' supplied in CDs not 'service' but a ‘deemed sale’

Delhi CESTAT allows assessee’s appeal, holds transfer of Antivirus Software key/codes to end-user with the Antivirus Software replicated CDs/DVDs in retail packs as a ‘deemed sale’, ...View More

No penalty on CHA for goods mis-declaration in B/E absent any wrongful intent 

CESTAT sets aside the penalty on Customs House Agent (CHA) & its employees absent any evidence adduced by Department as an evidence in support of the allegation of prior knowledge regarding mis-de...View More

Quashes demand under 'construction service' for work undertaken at Common Wealth Games Village 

CESTAT Delhi quashes demand of service tax along-with interest and penalty on activity of construction and development of residential facility for athletes at Commonwealth Games Village under definiti...View More

No ST on Managing Director's commission assessed as 'salary' by Income-tax authorities

CESTAT holds that no service tax is applicable on commission earned by Managing Director in respect of services provided for sales promotion; Noting that the Income Tax Authorities assessed ...View More