CESTAT Rulings


Interprets "Management Consultancy" expansively; Management Advisory services taxable u/s 65(65) r/w Sec 65(105)(r) pre-2007 

Advice / assistance on commercial aspects / current developments / import and export policy of India / economic & political scenarios / other similar activities to foreign companies taxable as &ld...View More

Manufacture under customs bond = imports, CVD concession prima facie ineligible; Upholds pre-deposit 

Barge vessels manufactured by Shipbuilding Company under customs bond at par with imports, ineligible for concessional excise duty rates / exemption on clearance; Rejects assessee’s claim of 2% ...View More

Refund hit by unjust enrichment when imported goods assessable at MRP 

CESTAT rejects assessee's refund claim, duty burden deemed to be passed where goods assessable on MRP basis, as held by Mumbai Tribunal in Shree Baidyanath Ayurveda Bhavan Ltd; Mere non-declaration of...View More

Services in Continental Shelf and EEZ pre-2009, not taxable retrospectively, grants refund 

CESTAT allows refund u/s 11B of Central Excise Act, 1944, of service tax paid ‘under protest’, on survey undertaken in non-designated areas, pre- 2009; Rejects Revenue’s contention t...View More

Royalty payable on manufactured goods sale not includible in inputs' import value 

Royalty in respect of technical know-how paid on sale of manufactured goods, viz. compressed air & gas / construction & mining equipment, not includible in assessable value of imported inputs;...View More

Raps Revenue for high-handedness; Can't stipulate own conditions to stall assessee's refund 

CESTAT rejects Revenue’s rectification of mistake (ROM) application against order allowing telecom service provider’s refund claim on services provided to foreign telecom operators towards...View More

Lays down law on "outdoor catering service" credit availability post 2011 

CESTAT allows “outdoor catering service” credit to beverage company post April 2011; As service used in relation to business of manufacture of excisable goods, would not fall within exclus...View More

Editorial services exported to sister concern as "business support" not taxable 

Rendition of editorial services through electronic communication lines maintained on behalf of foreign sister concern, not taxable as “maintenance or repair service” u/s 65(64) r/w Sec 65(...View More

Exemption of few products no bar for credit utilisation against dutiable products 

CESTAT allows input credit utilisation for excise duty payment on dutiable final products, despite some products being exempt by way of CBEC Notification; Credit required to be reversed in terms of Ru...View More

Fertilizers packaging a statutory requirement, amounts to 'manufacture'; Non-taxable as “Packaging Services” 

No service tax applicable on packaging of fertilisers, a statutory requirement in terms of Fertiliser Control Order, 1985 r/w Essential Commodities Act, 1955; Fertiliser cannot be marketed without pac...View More