CESTAT Rulings


Repair 'on behalf of client', not repair service, but BAS taxable w.e.f. September 2004

Repair and maintenance of machines undertaken under service agreement with Modi Xerox not taxable as 'repair and maintenance' service, but Business Auxiliary Service (BAS); Assessee billed Modi Xerox ...View More

Enforcing payment for Rule 6(3A) non-compliance where credit already reversed, too harsh

CESTAT allows reversal of CENVAT credit attributable to input services used for provision of exempted services, under Rule 6(3)(ii) of Cenvat Credit Rules, 2004 (CCR), even though procedure under Rule...View More

Goods sold through agent under own 'brand name' not 'Intellectual Property service' 

CESTAT rejects Revenue appeal, selling agent agreement for increasing sale of ‘country liquor’ manufactured under assessee's brand name for maximisation of profits, not ‘intellectual...View More

Third Member to decide whether affixing additional label amounts to 'manufacture'

Third Member to decide issue whether activity of affixing additional label on cartons imported / received from assessee’s other unit availing area based exemption under Notification No. 56/2002,...View More

Allows excess duty refund pursuant to self assessed Bill of Entry

CESTAT allows refund of excess customs duty paid under a self-assessment of Bill of Entry (BoE), u/s 27 of Customs Act w.e.f. April 8, 2011; As eligibility of exemption Notification No. 12/12-CE undis...View More

Exemption unavailable where imported road construction equipment diverted violating actual user condition

CESTAT denies exemption under Notification No. 21/2002-Cus on import of stone crushing plant and hot mix plant pursuant to project / contract awarded by MMRDA & Gujarat Govt for construction of ro...View More

Seismic survey = scientific research, vessel classifiable under CTH 8906; Condemns penalty on Shipping Surveyor

CESTAT allows assessee’s appeal, rejects Revenue classification of imported ‘Seismic Survey Vessel’ under CTH 8905 covering vessels which perform their main function in stationary po...View More

Extends area based exemption; Banding single soap packs into combos constitutes 'manufacture' 

Banding single pack of soaps into combo packs for Hindustan Unilever Ltd. (HUL) makes them marketable, constitutes manufacture u/s 2(f) of Central Excise Act r/w Note 6 to Chapter 34 of Central Excise...View More

Upholds anti-dumping duty; Sale price of inputs from non-market economy unreliable

CESTAT upholds imposition of anti-dumping duty on import of rubber chemical from Korean company (exporter) basis reconstructed cost of production adopting international price of major raw material / i...View More

Absent provision u/s 11BB of Excise Act, no interest payable on 'interest refund' 

CESTAT dismisses appeal, no 'interest' payable on refundable interest amount from Department absent any legal provision thereof; Though the word ‘interest’ added to Sec 11B of Central Exci...View More