CESTAT Rulings


Third Member waives pre-deposit; Credit prima facie admissible on pipelines laid by contractors

Third Member of CESTAT waives pre-deposit, concurs with Member (Judicial) that CENVAT credit prima facie available in respect of contractor services utilised for laying down & commissioning of pip...View More

Upholds transaction value rejection; 'Phenol' import undervalued vis-a-vis prevailing international competitive price 

CESTAT upholds rejection of transaction value declared on import of phenol, basis contemporaneous imports of similar quantity of identical goods from same overseas supplier by other importers at highe...View More

Warehouse period extension application entertainable, despite being filed beyond stipulated period expiry 

CESTAT allows assessee's appeal, application filed for extension of warehousing period, after expiry of stipulated period of 1 year, entertainable; Bare perusal of customs law indicates that there is ...View More

Chemiking / spotting process akin to 'washing', not ‘manufacture’ absent new marketable product

CESTAT rules in favour of assessee in second round of litigation, process of chemiking and spotting of fabrics does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Said activit...View More

Interprets amended Sec 35F; Pre-deposit mandatory; Adjudicating order / show cause notice date irrelevant 

CESTAT dismisses appeals on maintainability, pre-deposit under amended Sec 35F of Central Excise Act mandatory before filing appeal and therefore, asssessees’ contention of non-applicability of ...View More

Disallows input credit attributable to trading pre-July 2012; Applies Mercedez Benz ratio 

CESTAT disallows credit of service tax on common input services used for providing output service as well as for trading activity, in proportion of trading turnover; As held in Mercedez Benz India (P)...View More

Printed forms with Central Railway details, not for general use, not 'marketable'

Goods printed with name and details of Central Railway (CR), not 'marketable', as printed material not for general use, sets aside duty demand on ground of classification and marketability; Various pr...View More

Allows EPCG benefit on 'Rolls Royce' import, No impediment in use by Chairman

CESTAT allows benefit of concessional rate under EPCG scheme on import of 'Rolls Royce" for tourist purpose, no impediment in vehicle use by Chairman and Managing Director (CMD) / staff of assessee (i...View More

Sets aside differential demand w.r.t. variation in moisture content of imported goods

CESTAT dismisses Revenue's appeal, rejects differential duty demand on account of variation in moisture content of copper concentrate, at time of loading and importation, absent any change in invoice ...View More

Buyers premises = 'Place of removal'; Allows input credit on outward GTA service 

CESTAT dismisses Revenue appeal, determines ‘place of removal’ and allows CENVAT credit on outward GTA service; Rejects Revenue contention that transportation service availed from factory ...View More