CESTAT Rulings


Follows 'PTC Software' ruling; Credit refund available on employee group insurance, parking rentals 

CESTAT sets aside Commissioner (Appeals) order which rejected input service refund claim in respect of employees group insurance mediclaim premium and car parking rentals, as not directly related to s...View More

Rejects Revenue's reliance on void Circular; No Cess where import duty exempt

CESTAT upholds Commissioner (Appeals) order, 2% Education Cess inapplicable on goods imported under Target Plus Scheme, when basic customs duty (BCD) and additional customs duty (CVD) exempt vide Noti...View More

Quashes "absurd" demand confirmation, when taxability of 'flaps' ruled in assessee's favour 

Once duty demand set aside for any reason, amount already paid / deposited, either under protest or otherwise, cannot be held as valid or justified on merit; Rejects Revenue contention that since asse...View More

Allows 'air travel agent' service credit on company personnel business travels 

CESTAT upholds Commissioner (Appeal) order, allows CENVAT credit on 'Air Travel Agent' service where assessee engaged in works contract and company personnel travel for business purposes to and fro va...View More

Quashes penalty applying 'revenue neutrality' principle, though tax paid after show cause 

CESTAT sets aside recovery of interest and imposition of penalty on ground of 'revenue neutrality', where service tax paid after show cause notice issuance but before passing of adjudication order, si...View More

Making 'Pencil slats' from timber logs, constitutes "manufacture"; 'Res judicata' against Revenue inapplicable

Process of making ‘pencil slats’ from wooden logs (timber) constitutes “manufacture”, such product specifically covered under sub-heading 4421909 of Central Excise Tariff Act; ...View More

Abatement available upon suo motu reversal of ineligible CENVAT credit; Distinguishes SC ruling 

CESTAT allows abatement under Notification No. 1/2006-ST, where ineligible CENVAT credit reversed alongwith interest by assessee suo motu, upon realisation that CENVAT credit wrongly availed; Relies o...View More

Food supplied by co-operative society at client's premises, constitutes "outdoor catering service" 

Preparation & serving of food to client’s employees at their premises taxable as “outdoor catering services” u/s 65(41)(n) r/w Sec 65(24) and 65(76a) of Finance Act; Rejects asse...View More

Octroi collection not 'cash management', outside "banking & other financial service" purview 

Collection and deposit of octroi & transit fees on behalf of local municipal bodies & cantonment board, non-taxable under “banking and other financial services” as ‘cash mana...View More

Upholds tax discharge on 'net charges'; Container relocation between Terminals 'revenue neutral' 

CESTAT upholds service tax discharge on ‘net charges’, where wrongly offloaded containers relocated by Container Handling Terminal to other Terminal, and invoice raised after adjustment of...View More