CESTAT Rulings


Dismisses Revenue appeal; Neither Rule 11 nor Rule 6 applicable on exempt goods export

CESTAT dismisses Revenue appeal, can’t invoke Rule 11 of CENVAT Credit Rules (CCR) to prohibit utilisation of CENVAT credit available on date of exemption of some final products, towards duty pa...View More

Biscuits supplied to Delhi Municipal Corporation an 'institutional' sale; MRP valuation inapplicable 

CESTAT rejects MRP valuation u/s 4A of Central Excise Act on biscuits supplied to Municipal Corporation of Delhi for free distribution under National Programme of Nutritional Support of Primary Educat...View More

'Tobacco refuse' not "final" but "by-product" ; Grants exemption on intermediate goods for cigerattes

CESTAT grants respite to cigarette manufacturer, ‘tobacco refuse’ generated during manufacturing process not “final product”, hence exemption benefit of Notification No. 52/200...View More

Channel distribution fee not includible in value of tapes imported for certification

Fees remitted to foreign broadcaster towards distribution of SET MAX channel in India not includible in assessable value of imported digi-beta tapes / video tapes under Rule 10(1)(c) of Customs Valuat...View More

Lays down law on bus operation service taxability as "rent-a-cab" post 2007 

CESTAT upholds service tax demand on around 200 bus operators towards intra and inter-State operation of buses for Andhra Pradesh State Road Transportation Corporation (APSRTC) as “rent-a-cab&rd...View More

Parts replaced during vehicle servicing liable to VAT, not service tax 

CESTAT quashes service tax demand on authorised service station of Tata Motors Ltd i.r.o. vehicle parts supplied during servicing / repairing; Rejects Revenue contention that material / parts supplied...View More

Foils Revenue attempt to deny supply abatement on commissioning / installation services post 2007 

CESTAT allows 67% abatement benefit under Notification No. 1/2006-ST towards material supplied under “Erection, Commissioning & Installation” service contract; Rejects Revenue contenti...View More

Lumpsum royalty on trademarks / technical know-how unrelated to imports, not liable to duty 

Lumpsum royalty paid for “trademark usage” and “technical know-how” to related foreign entities not liable to customs duty towards goods imported under separate agreement; Reje...View More

Unjust enrichment principle applicable when depreciation claimed on refund amount 

CESTAT grants partial relief to Airliner, allows customs duty refund u/s 27 of Customs Act to the extent of undepreciated amount of imported goods in Books of Accounts; Amount paid by assessee pursuan...View More

Bituminous vs Steam coal classification controversy referred to Larger Bench 

2 Member Chennai CESTAT bench refers to Larger Bench, issue of classification of coal imported for use in manufacture of electricity as ‘Steam Coal’ under sub-heading 27011920 or as &lsquo...View More