CESTAT Rulings


Allows CG credit; 'Intention', not temporary exclusive use for exempt product, relevant 

CESTAT allows CENVAT credit on capital goods used for manufacture of aerated drinks, thereby quashing Revenue demand basis exclusive use in manufacture of exempted final product viz. “Mango Slic...View More

Third Member rules in assessee's favour; Affixing additional label amounts to 'manufacture' 

Third Member of CESTAT rules in favour of assessee, concurs with Member (Judicial) that affixing additional label on cartons received at Taloja plant from Jammu unit (availing area based exemption) an...View More

Project Import benefit available where contract registered before goods clearance from warehouse 

CESTAT allows Project Import benefit under CTH 98.01 of Customs Tariff Act r/w Project Import Regulations (PIR), where contract registered with customs house post importation of goods, but before clea...View More

Interprets 'interconnected undertakings'; Upholds Rule 10 valuation; But restricts demand to normal limitation 

CESTAT upholds valuation of HDPE / PP Bags manufactured and sold through ‘interconnected undertakings’ under Rule 11 r/w Rule 10(a) of Central Excise Valuation Rules; Rejects assessee&rsqu...View More

Sales marketing & promotion by foreign entity taxable post-2006 under reverse charge 

CESTAT upholds partial service tax demand on IT Co. towards sales marketing and promotion services received from foreign entity; Such activities fall within the definition of 'Business Auxiliary Servi...View More

Rejects 'transaction value' enhancement absent exact quantification of 'additional consideration' to Frit-manufacturers 

CESTAT grants major reprieve to ‘Frit’ manufacturers in Gujarat, quashes Revenue's large scale demand towards clandestine removal and undervaluation of Ceramic Glazed Frits sold to Tile ma...View More

Interest recovery on wrongly availed credit barred by limitation; Applies 'TVS Whirlpool' ratio 

Interest recovery u/s 11AB of Central Excise Act on suo motu reversal of wrongly availed CENVAT credit barred by limitation; On plain reading of Sec 11AB, it is clear that interest on delayed duty pay...View More

No duty payable on capitalized duty-free machinery spare parts during EOU debonding 

CESTAT allows assessee's appeal, no duty payable on spare parts imported duty free to replace damaged and worn out parts of machinery and capitalised as part of 'capital goods', when in-principle appr...View More

Commission to overseas agent non-taxable as 'BAS' under reverse charge mechanism 

CESTAT grants service tax exemption under Notification No. 14/2004-ST on commission paid to overseas agents for procuring textile export orders, thereby rejecting Revenue’s demand for service ta...View More

Rejects Revenue's "economic non-viability" contention; Allows input credit against 'scrap' manufacture 

CESTAT allows input credit on indigenously procured / imported Copper Ingots, Wire Bars, Copper Alloy, Ship Breaking material for copper scrap manufacture; Rejects Revenue contention that it is econom...View More