CESTAT Rulings


Demand unsustainable on stationery items supplied to own offices outside factory

CESTAT quashes demand in respect of stationery items (i.e. forms), classifiable under Heading No. 4820.10 of Central Excise Tariff Act, 1985, supplied to assessee’s other establishments governed...View More

Criticises Revenue's ignorance, extends credit on 'structural steel items' to 'sponge iron' manufacturer

CESTAT allows CENVAT credit on structural steel items i.e. Ms angle, Ms channels, Ms joists, chequered plate, etc. used in fabrication of supporting structures of kiln, burning chamber, conveyor galle...View More

Pipe transportation cost to customer's site not includible in AV of manufactured pipes 

CESTAT holds that cost of transportation of pipes to customer’s site for erection and installation of lift irrigation systems is not includible in assessable value of pipes manufactured and remo...View More

Allows CENVAT credit on ’Maintenance Charges’ of Industrial area, distinguishes SC ruling 

CESTAT allows assessee’s appeal, extends CENVAT credit of ‘maintenance charge’ of industrial area under a lease deed entered with Madhya Pradesh Audogik Kendra Vikas Nigam; Perusing ...View More

Upholds royalty addition as imported goods value considered for royalty calculation

CESTAT upholds addition of royalty to the value of imported goods in terms of Rule 9 (1) (c) of Valuation Rules, 1988 / Rule 10(1)(c) of Valuation Rules 2007; Relies upon various Apex Court decisions ...View More

Allows unutilized CENVAT credit refund claim considering assessee's technical testing/analysis, 'export of service'

CESTAT sets aside CCT(A)’s order, allows refund claim of unutilized CENVAT credit considering assessee’s provision of technical testing and analysis services as ‘export of service&rs...View More

'Debit notes' representing materials supplied by customers, not non-monetary consideration u/s 67

CESTAT sets aside recovery of tax and penalty u/s 78 of Finance Act, 1994 under ‘commercial or industrial construction service’ while holding that ‘debit notes’ referred u/s 67...View More

Quashes penalty absent malafide intent, where duty, interest discharged before SCN issuance 

CESTAT dismisses Revenue’s appeal against order of Commissioner (Appeals) which set aside penalty u/s 77 & 78 of Finance Act, 1994 r/w CENVAT Credit Rules, 2004 (CCR) imposed for mismatch no...View More

Refund claim denial for delay caused due to department’s re-organization post GST, untenable

CESTAT allows refund of unutilized input service credit under Rule 5 of CENVAT Credit Rules, 2004 (CCR) r/w Notification No. 27/2012-CE (NT) where the delay was not in the date of filing claim but, du...View More

Demand unsustainable on used 'moulds' sent to job worker for processing/repairs

CESTAT allows assessee’s appeal, quashes demand on unfit/old/used cast iron (CI) moulds removed for job work for repairs/processing under Notification No. 214/86-CE; Noting that CI moulds used b...View More