CESTAT Rulings


Upholds GTA service credit distribution by Head Office to manufacturing unit 

CESTAT allows CENVAT credit on Goods Transport Agency (GTA) service discharged by Registered Office (RO) and distributed to manufacturing unit, as Input Service Distributor (ISD); Relies on coordinate...View More

Sugarcane transport by individual truck-owners, not 'GTA service'; Reverse charge demand unsustainable

CESTAT allows assessee's appeal, amount paid to individual truck owners towards inward transportation of sugarcane, not 'Goods Transport Agency' (GTA) service; Notes that assessee being a sugar manufa...View More

Upholds declared export value; Re-determination applying 'residual method' basis market enquiry, inappropriate 

CESTAT upholds transaction value declared during export of “football goalkeeper gloves of leather”, thereby allowing duty drawback claimed thereon; Rejects Revenue’s re-determination...View More

Car-parking-system erection taxable as 'ECI' service; Adjudicating Authority to determine "structure" nature

CESTAT allows appeal by way of remand, Adjudicating Authority to determine if multi-car parking system with hydraulic lifts for developers constitutes “structure” to be taxable under &lsqu...View More

Allows 'goods replacement' margin deduction; Duty payable on wholesale, not retail price 

CESTAT grants partial respite to assessee, 2% margin provided to co. distributors / consignment agents towards replacement of damaged goods not includible in assessable value; Rejects Revenue contenti...View More

Allows extension to store goods outside factory absent duty, since request 'genuine'

CESTAT allows assessee's request for extension / renewal of permission to store goods for export purpose outside factory, without payment of duty on ground of shortage of space, as per provisions of R...View More

Charges for Govt teachers' salary disbursement not "commission"; Demand under 'BAS' unsustainable 

Service charges received by Bank from Zilla Parishad for disbursement of Govt teachers’ salaries do not constitute ‘commission’, though entered in books of account as “commissi...View More

Rejects "related person" valuation; Sale to interconnected undertakings assessable at 'transaction value' 

CESTAT allows assessee’s appeal, sets aside valuation of goods sold to interconnected undertakings under Rule 8 / 9 of Central Excise Valuation Rules; Merely because the buyers are interconnecte...View More

Technical documentation received for production of fighter aircraft, not Scientific Consultancy Service 

Services rendered by a Govt. of India organisation, with a foreign based firm,under an agreement entered for license technical documentation transfer for production of fighter aircraft, not taxable un...View More

No CENVAT payable on removal, where assets purchased outrightly and 'predecessor' availed credit 

CESTAT sets aside adjudicating authority’s order, credit not reversible /payable on capital goods removed by assessee to its sister concern, when said capital goods were purchased by assessee un...View More