CESTAT Rulings


Trading profit not taxable w.r.t services rendered, Nature of transaction distinct / different 

Profit earned in sale / purchase transactions not liable to service tax, in respect of service rendered as 'sole selling agent' for manufacturer; Assessee undertaking two separate functions under same...View More

Upholds oil-marketing company's liability; Co-branding / promoting associate manufacturer goods taxable as 'BAS' 

CESTAT upholds service tax demand on oil marketing company, co-branding and extending distributor network for marketing of rubber hoses, LPG stoves, pressure cookers by manufacturers, taxable as &lsqu...View More

Jt. DGFT clarification binding; MGO/HSD freely importable under ITC(HS); No confiscation/penalty 

CESTAT allows assessees’ appeals, opinion/clarification issued by Jt. DGFT to be considered as clarification issued by DGFT and same binding on Customs Authorities as far as ITC restrictions con...View More

Reviewing Authority cannot traverse 'show cause'; However, refund hit by unjust enrichment 

Third Member concurs with Member (Judicial) that Reviewing Authority cannot go beyond show cause notice (SCN), holds ‘review’ not a substitute for SCN towards recovery of sanctioned refund...View More

No respite for RBI subsidiary; 'Deposit insurance' taxable as "general insurance business" 

Bank deposit insurance by RBI subsidiary, Deposit Insurance & Credit Guarantee Corporation (DICGC), taxable as “general insurance business service”, u/s 65(49) r/w Sec 65(105)(d) of Fi...View More

Applies Bharti Airtel ratio; Disallows 'telecom towers' credit, but restricts to normal limitation

CESTAT disallows ‘capital goods’ / ‘inputs’ credit to telecom operators on shared towers / pre-fabricated buildings, i.e. ‘passive telecom infrastructure’ for rende...View More

Where importer's case decided by Settlement Commission, proceedings against co-noticees shall cease 

CESTAT allows appeal, holds that once case is decided by Settlement Commission in respect of an importer, proceedings against co-noticees shall cease; Conjoint reading of Sec. 127A(b), 127F and 127J o...View More

Distinguishes Bharti Airtel ratio; Input credit available on passive telecom infrastructure erection 

CESTAT allows CENVAT credit on inputs used in erection / fabrication of passive telecom infrastructure provided on shareable basis to various telecom operators, taxable as “Business Support Serv...View More

Big respite to Telecom Co.; Parent entity's advance a 'loan', not 'service consideration' 

CESTAT grants respite to telecom infrastructure company, quashes service tax demand on Rs 1493 crores advanced by holding company for setting up after demerger; Combined reading of Master Service Agre...View More

Postage a 'duty', non-taxable as 'expenditure'; Quashes "Share Transfer services" demand pre-2006 

CESTAT rules out taxability of postage expenditure reimbursed by "Share Transfer Agent & Registrar to an Issue" from client companies; As per Sec 2(f) of The Indian Post Office Act, ‘postage...View More