CESTAT Rulings


'Marketing Division' transferred as 'slump-sale' along with 'trade-marks', not ‘Franchise’ service

CESTAT quashes demand under ‘Franchise’ service as defined u/s 65 (105)(zze) of Finance Act, 1994 in respect of sale of marketing division of nutraceutical business for consideration of Rs...View More

No bona-fide error in mis-declaring parts/accessories to avail EPCG benefit, upholds confiscation

CESTAT upholds confiscation of goods u/s 111(m) of the Customs Act, 1962 (Act) on account of mis-declaration of goods as part and accessories of engine for availing benefit of exemption under EPCG sch...View More

Demand towards tax recovered by service-recipient from service-provider of reverse-charge payment, untenable

CESTAT holds that amount collected by assessee towards service tax from insurance agent is not required to be deposited u/s 73A(2) of Finance Act, 1994 (Act) where service tax has initially been paid ...View More

Sets aside Rs. 220 crores demand for alleged development rights transfer to DLF Ltd

CESTAT sets aside Rs. 220 crores (approx) demand stating that assessee has not transferred any land development right in favour of DLF Ltd. while purchasing land on their behalf from various Land Owni...View More

Service charges liable to ST, 'Money changing facility' by hotel not 'Business Auxiliary Service'

CESTAT upholds service tax liability on 10% service charge/tips charged in hotel bills, holds same as includible in gross amount charged from service recipient towards providing ‘Mandap Keeper S...View More

Conducting IELTS test in India not ‘Commercial Coaching or Training’ service

CESTAT allows assessee’s appeal, holds that conducting IELTS test in India is not taxable under “commercial training or coaching” service; States that “Commercial training or c...View More

Computer system/peripherals leased along with possession/effective control transfer, not ‘Tangible Goods supply’

CESTAT holds that activity of supply and installation of computers and accessories along with provision of IT assistant and consumables in various units under Department of Education, Government of NC...View More

EDI system not easy to tamper, quashes CHA’s license revocation alleging forged duty-scrips

CESTAT sets aside inquiry officer’s order revoking assessee’s CHA license based on DRI’s report that fake/forged duty credit scrips were used and hard copy of same was not produced t...View More

Demand untenable in respect of borrowings from ADB/IFC, draws inference from GST Circular

CESTAT sets aside demand under reverse charge in respect of commitment charges, up-front fees, etc. paid to Asian Development Bank (ADB) and International Finance Corporation (IFC) in respect of funds...View More

Quashes penalty where default in tax payment was attributable to agent, not assessee

CESTAT sets aside penalty imposed u/s 76, 77 and 78 of Finance Act, 1994 for not depositing service tax amount with Revenue authorities where assessee was making compliance of service tax payment thro...View More