CESTAT Rulings


Rejected goods testing, not 'manufacture'; CENVAT credit availed on return thereof, reversible 

CESTAT rejects assessee's appeal, process of testing rejected goods on return not 'manufacture', requires reversal of CENVAT credit availed under Rule 16(1) of Central Excise Rules 2002, on goods remo...View More

'Calendar' with religious, cultural information constitutes a "book"; Publishing advertisements therein non-taxable

CESTAT dismisses Revenue appeal, publishing advertisements in “Kaldarshika” calendar not taxable u/s 65(105)(zzzm) as ‘sale of space for advertisement service’; Rejects Revenue...View More

Delivery charges collected from customers not includible in petroleum products' assessable value

CESTAT sets aside Adjudicating Authority's order, delivery & road freight subsidy charges collected from customers, not includible in assessable value of petroleum products cleared from warehouse/...View More

Allows credit refund; Management consultancy services to foreign entity qualify as 'export' 

CESTAT allows input service credit refund against investment advisory & management consultancy services provided to foreign entity; Sets aside Commissioner (Appeals) order which rejected the refun...View More

Grants exemption; Accounting, audit courses provide employment, qualify as 'vocational training'

CESTAT allows ‘vocational training’ service tax exemption to practical accounting & auditing courses, in respect of 'commercial training & coaching services' under Notification No....View More

MP3 CD-ROM not "interactive" in nature, taxable as 'recorded media', not 'software' 

CESTAT rejects assessee’s appeals, MP3 CD-ROM for recording audio music/songs in MP3 format, taxable at 16% under residuary Chapter Heading (CH) 8524.90 of Central Excise Tariff Act, 1985 as &ls...View More

Paid image downloading taxable as 'online information & database access / retrieval service' 

CESTAT upholds service tax demand on charges collected by ‘stock photography agency’ towards downloading of images by clients for limited use & period, u/s 65(75) r/w Sec 65(105)(zh) o...View More

Grants exemption on 'Intravenous Cannula', a medical equipment; Applies Saberwal Surgical ratio 

CESTAT grants excise duty exemption on manufacture of ‘Intravenous Cannula’ (IV Cannula) a medical instrument, under Notification No. 6/03-CE r/w Notification No. 6/06-CE; Said instrument ...View More

Crates, trolleys, welding tables used indirectly in manufacture, eligible for 'input' credit 

CESTAT sets aside Commissioner (Appeals) order, allows ‘input’ credit on plastic crates, trolleys, welding table and welding chair utilised during manufacturing process; Plastic crates use...View More

Allows suo-moto re-credit of CENVAT credit reversed, absent dispute regarding entitlement thereof

CESTAT sets aside Commissioner (Appeals) order, allows re-credit of CENVAT credit reversed, absent any dispute regarding assessee’s entitlement thereof; Accepts assessee's contention that CENVAT...View More