CESTAT Rulings


Technical testing services complete on acceptance of report abroad, qualify as 'export' 

CESTAT allows assessee’s appeal, technical testing & analysis in India qualifies as ‘export of services’ where reports sent abroad for approval; Observes, “….even th...View More

Construction of 12+ independent row houses non-taxable as "construction of complex service" 

CESTAT grants service tax refund u/s 11B of Central Excise Act, no tax leviable under “construction of complex service”, where 12 or more independent residential units / row houses with co...View More

Electricity supplied for power grid synchronisation construable as 'job-work'; Input credit non-reversible

Absent ‘sale’, CENVAT credit of furnace oil not reversible on wheeling out of electricity generated in captive power plant, to State Electricity Board power grid for synchronisation; Notes...View More

Split verdict on credit refund entitlement towards software 'maintenance & repair' exports 

Third Member to decide entitlement of CENVAT credit refund on export of “management, maintenance or repair service”, being services of (i) maintenance of software, (ii) testing, (iii) re-e...View More

Steals assessee's "mental peace"; 'Meditation' courses taxable as "Health & Fitness service" 

‘Meditation’ courses for a consideration exigible to service tax as “Health and Fitness Service” u/s 65(105)(zw) r/w Sec 65(51) of Finance Act; CESTAT rejects assessee’s ...View More

Trademark royalty non-taxable; Technical assistance constitutes 'export', albeit taxable as "management consultancy" 

CESTAT quashes service tax demand on ‘royalty’ received towards allowing use of trademark, holding same classifiable as “Intellectual Property Service” w.e.f. September 10, 200...View More

Grants input credit refund of rent to holding company through debit note 

CESTAT allows refund of service tax credit on 'renting of immovable property' service to assessee, pursuant to sub-lease arragement with holding company; Rejects Commissioner's finding that debit note...View More

Allows proportionate duty discharge on pan-masala basis additional machines; Applies HC ruling 

CESTAT allows proportionate excise duty payment / abatement on manufactured guthka, pan masala and chewing tobacco, excluding duty attributable to number of days factory remained closed in particular ...View More

Exempts supplies to mega power project; Non-fulfillment of Notification's inapplicable condition, irrelevant 

CESTAT grants exemption on supplies against ICB, meant for setting-up mega power project, viz. interstate thermal power plant, under Notification No. 6/02-CE and 6/06-CE, in light of fulfilment of con...View More

Payment receipt immaterial; Services exported pre-April 2012 not includible in subsequent period's turnover 

CESTAT rejects Revenue appeal, upholds Commissioner (Appeals) order excluding value of export services completed prior to March 31, 2012 for purpose of calculating ‘export turnover’ toward...View More