CESTAT Rulings


Follows Essel Propack ratio; GTA credit available basis TR-6 Challan pre-June 2005 

CESTAT sets aside adjudication order which denied CENVAT credit of service tax paid on Goods Transport Agency (GTA) services, under TR-6 Challan prior to June 16, 2005; Follows Bombay HC’s ratio...View More

Split verdict on taxability of foreign 'finance arrangement' services under reverse charge 

Third Member to decide taxability of services rendered by 'Mandated Lead Arrangers' (MLAs) abroad in relation to arranging finance (syndicated loans) for assessee, as also fees paid to Agent Banks for...View More

Amount forcibly recovered a 'deposit' not 'duty', refund not time-barred; Demands re-adjudication 

CESTAT remands matter relating to refund denial by Commissioner (Appeals), where Revenue failed to consider 'proof of export' submitted by assessee and for non-availability of re-warehousing certifica...View More

Pune factory's credit non-utilisable against Mumbai property; Rejects HC ratio's expansive interpretation 

CESTAT upholds disallowance of CENVAT credit utilisation of input services such as repair & maintenance service, legal & CHA services availed at factory in Pune towards dispensing service tax ...View More

Quashes retrospective reverse charge demand on GTO services; L.H. Sugar Factories Ltd reigns 

CESTAT upholds Commissioner (Appeals) order which set aside retrospective service tax demand on recipient of Goods Transport Operator (GTO) services, consequent to enactment of Finance Act 2003; Follo...View More

Foreign brokers commission for diamond imports taxable, but restricted to normal limitation 

CESTAT upholds demand under reverse charge mechanism in respect of commission remitted to foreign entity acting as broker of rough diamonds, though restricting same to normal limitation period; Issue ...View More

Upholds Revenue classification; Grain transportation machines nothing but dutiable "conveyors & elevators" 

CESTAT confirms duty demand, machines used for transportation of grain within factory or for storage or feeding into certain machines classifiable under CETH 8428 as “conveyors and elevators&rdq...View More

Grants excess duty refund; Dealer 'turnover discount' not "expense reimbursement", deduction admissible 

CESTAT grants excess duty refund to assessee, deduction of turnover / quantity discount admissible since same linked to quantum of goods purchased by dealers in a month and varies from dealer to deale...View More

 No deviation from GTL Infrastructure; Allows 'towers' credit to Telecom Infrastructure Cos 

CESTAT allows CENVAT credit on capital goods and input services utilised in telecom towers constructed / erected for purpose of providing Business Support Services; Finds no reason to deviate from vie...View More

Erroneous refund recoverable u/s 73 from sanction order date; Revision proceedings conclusion inconsequential

CESTAT dismisses Revenue appeal, show cause notice for recovery of service tax erroneously refunded must be issued within 1 year from date of sanction order, in terms of Sec 73(1) of Finance Act absen...View More