CESTAT Rulings


Allows job worker's claim for deduction towards discounts considering voluminous documents submitted

Hyderabad CESTAT dismisses Revenue’s appeal against Commissioner (Appeals) order granting deduction on account of discounts to a job worker supplying goods to depots of manufacturer and paying d...View More

Allows credit on general insurance, however, denies credit on employee's medical/health insurance

CESTAT modifies the order in appeal, ­allows CENVAT credit on general insurance services under Rule 2(l) of CENVAT Credit Rules, 2004 (CCR) and consequently refund under Rule 5 of CCR, finds that ...View More

JV's deposit to assessee's loan account towards leased Plant & Machinery taxable as 'property-renting service'

CESTAT upholds liability to service tax along with interest on amount deposited in the loan account of assessee against lease of plant and machinery to joint venture (JV) under “Renting of Immov...View More

Quashes order re-classifying software licence/sticker as CDs, dismisses reliance upon retracted confession

CESTAT allows assessee’s appeal, sets aside order demanding duty upon re-classification of ‘Windows XPE Embedded software license’ under heading no. 85238020 of First Schedule to Cus...View More

Upholds taxability of 'vacant land' given on lease or license w.e.f. June 2007

CESTAT holds that 'vacant land' given on lease or licence, for construction of a building or a temporary structure, to be used at a later stage for furtherance of business or commerce, would be &ldquo...View More

Mere mention of wrong code while making duty-payment cannot attract interest/penalty

CESTAT quashes levy of interest and penalty for deposit of excise duty made by mentioning wrong code; Notes assessee’s plea that, duty in question was duly deposited by it though against the old...View More

‘Back-office support’ not 'intermediary service' for mere involvement of two or more companies

CESTAT dismisses Revenue’s appeal, holds that provision of ‘back-office support outsourcing services’ on behalf of and on direction of group/foreign entity does not amount to ‘...View More

'Business Support Services' to group entity on 'Principal-to-Principal' basis not 'intermediary service', allows refund

Delhi CESTAT holds that assessee rendering ‘business support services’ comprising of sales support, marketing, advertising, billing, etc. to ‘overseas’ group company/entity, do...View More

One-year time-period u/s 11B applies for claiming refund on 'long-term lease', Section 104(3) only 'directory'

CESTAT holds that refund of service tax paid by assessee (service-recipient) to a Govt. organisation (service-provider) relating to long term lease of industrial plots may be granted within time limit...View More

Credit reversal not required for services in J&K, unused equipment at subscriber's premises

CESTAT sets aside demand of CENVAT credit w.r.t. services provided by assessee in State of J&K for the period for which service tax has been paid on output service despite fact that same was not d...View More