CESTAT Rulings


Dismisses Revenue's 'unjust-enrichment' allegation for mere booking of 'Excise-Duty' as expense in P&L

Delhi CESTAT upholds the order of Commissioner (Appeals) sanctioning the refund claim of excess CVD paid on import of mobile phones ‘under protest’; Notes assessee’s plea that, while...View More

Condemns Commissioner (A) for obviating legal lacuna, remands matter for SEZ's refund claim verification

CESTAT remands the matter back to Original Adjudicating Authority for taking a fresh call on time barred issue w.r.t. refund claim filed by SEZ unit under Notification No. 12/2013-ST dated July 01, 20...View More

Disallows exemption claimed as "independent texturizer" finding bifurcation of 'unit' a 'colourable instrument'

CESTAT disallows the benefit of exemption under Notification No 6/2000-CE holding that assessee do not qualify as an independent texturizer, finds that by bifurcation of existing unit for manufacture ...View More

Quashes service-tax demand on transfer of land to JV for setting-up 'power-plant'

Delhi CESTAT holds that no element of service is involved while transferring the land acquired from Govt. of Rajasthan (GoR) and leased to the Joint Venture (JV) company, for setting up of the power p...View More

No Service-tax on 'Notice-pay' recovery by employer from employee under 'employment contract'

CESTAT quashes demand of service tax on part of the amount which assessee (employer) recovers out of the salary paid to the employee in case of breach of the contract of total term of employment; Note...View More

No service element in joint-venture agreement absent service provider & receiver relationship 

CESTAT dismisses Revenue’s appeal, sets-aside demand under ‘support services of business or commerce’, defined u/s 65(104c) of Finance Act, 1994 w.r.t. joint venture (JV) agreement; ...View More

Quashes demand on 'transportation' under C&F services where distinct agreement entered for GTA

Delhi CESTAT allows assessee’s appeal, quashes SCN requiring inclusion of value of transportation service in Clearing and Forwarding (C&F) Agent service noting that separate agreements ...View More

Pre-fixed "allowed loss" component in Petronet's re-gasification agreement not liable to service-tax

CESTAT rules in favour of Petronet LNG Ltd, holds that no service tax can be levied on the value of pre-fixed quantum of LNG identified in the regasification agreement with customers towards “al...View More

Transportation without issuing consignment note, not GTA service; Rejects service-tax applicability

CESTAT allows assessee’s appeal holding that the transport contractors rendering the coal transportation services in mines without issuing consignment notes would not constitute ‘Goods Tra...View More

Procedural lapse cannot be a basis for denying CENVAT credit, allows refund

CESTAT holds that Appellate Authority travelled beyond the show-cause notice while remanding assessee's refund claim for de novo consideration, observes that the show-cause notice was issued only on t...View More