CESTAT Rulings


Entire foregone import duty recoverable upon EOU de-bonding, for conditions non-fulfilment pre-2003 

CESTAT dismisses assessee’s appeal, upholds demand of full duty foregone, upon de-bonding, where assessee imported goods duty free as 100% EOU but failed to fulfil conditions of Notification No....View More

Exempts 'helicopter' imported for transportation to/from oil rigs for companies, person includes 'company' 

Provision of services using helicopter to oil companies i.e. ONGC / British Petroleum, for transportation of person, materials to/from various oil rigs, same qualifies as ‘non-scheduled passenge...View More

Distributors subscription towards representational & selling rights taxable as 'franchise service' 

CESTAT upholds service tax demand on subscription received towards representational rights granted to various distributors to sell company products, under ‘Franchise Service’ category; Acc...View More

Allows CENVAT credit on inputs utilised in fabrication / manufacture of capital goods 

CESTAT allows CENVAT credit on items such as channels, angles and coil plates used in fabrication of capital goods, which are further utilised in factory of production; Rejects Revenue’s content...View More

Upholds interest & penalty levy where demand on account of 'undervaluation' uncontested 

CESTAT upholds levy of interest and penalty on supply of goods to sister concern and automotive industries, towards non-addition of 10% cost of production and non-inclusion of free supplies of tools &...View More

Upholds Credit reversal basis turnover, towards 'trading' pre-2011; Applies Mercedes Benz ratio

CESTAT upholds CENVAT credit reversal w.r.t. trading activity on turnover basis where assessee engaged in both manufacturing as well as trading, relies on Mercedes Benz ruling and rejects assessee&rsq...View More

Split verdict on input credit eligibility towards manufacture of "Ferro-Aluminium Alloy" products

Third Member of CESTAT to determine commercial viability of prime aluminium articles such as ingots, wires & scrap, procured for use in manufacture of "Ferro Aluminium Alloy" product and availabil...View More

Applies FEMA Regulations; Allows 'export' refund albeit receipt of INR through FIRCs 

CESTAT allows refund of input service credit against export of services albeit receipt of consideration in Indian Rupees; Rejects Revenue contention that absent receipt of consideration in convertible...View More

Waives pre-deposit; No distinction between private & public ports; Construction prima facie exempt 

CESTAT grants partial relief by waiving pre-deposit towards demand of Rs 43.74 Cr in respect of ‘Commercial or Industrial Construction Service’ (CICS), states assessee prima facie eligible...View More

Assembling lottery terminal components into complete unit, constitutes 'manufacture'; Customs classification irrelevant 

Activity of assembling various components and making a complete unit of lottery terminal amounts to ‘manufacture’, exigible to excise duty; Rejects assessee’s contention that lottery...View More