CESTAT Rulings


Transportation vessel with anchor-handling feature classifiable as "cargo ship", not "AHTS vessel"

CESTAT upholds importer’s classification of vessel as “Cargo ship” dutiable @ Nil rate under CTH 8901 vis-à-vis Revenue classification under CTH 8904, dutiable @ 9.356% as &ld...View More

Royalty on "right to reproduce" imported plants not includible for valuation purpose 

Royalty on “right to reproduce” imported plant varieties from related foreign supplier not liable to customs duty under Rule 10(1)(c) of Customs Valuation Rules; Rejects Revenue contention...View More

Grants respite to sugar-mills; Exempts captive consumption of molasses for spirit manufacture

CESTAT allows exemption under Notification Nos. 67/95-CE & 3/2005-CE on molasses consumed captively by sugar mills for manufacture of rectified spirit and extra neutral alcohol (ENA), varieties of...View More

Quality produce must for sugar-mill business; 'MSS' credit towards sugarcane development admissible 

CESTAT allows input credit of Manpower Supply Services (MSS) availed towards sugarcane development activities / cane area survey; Object of such activities to ensure good quality sugarcane produce, he...View More

Upholds MRP valuation for Electrical appliances free distribution under State Govt Scheme 

CESTAT upholds MRP valuation of Electric Fans, Grinders, Mixers supplied to Tamil Nadu Civil Supplies Corporation (TNCSC) for free distribution among families holding Rice Cards, under State Govt Sche...View More

Upholds demand; 'Horn Controllers' classifable as part of "Air Horns", not "motor-vehicles"

CESTAT upholds Revenue classification of ‘Horn Controller’ as “part of Air Horn” under CETH 8512 of Central Excise Tariff Act, in lieu of CETH 8708 as “part of Motor Vehi...View More

Upholds 'cost plus' valuation for related party imports; Assessing Authority's reasoning "impeccable"

CESTAT upholds transaction value on related party imports at 'Cost Plus’ method, taking in account raw material cost, manufacturing cost and profit margin of 25%; Commissioner (Appeals) rejectio...View More

Revenue's demand 'ridiculous'; Vehicle repairing / servicing non-taxable as "technical inspection service"

Repair, maintenance and servicing of motor vehicles for Tata Motors Ltd, not taxable as “Technical Inspection & Certification” services; Replacing / rectifying some damaged / defective...View More

Shipping / barging charges part of imported goods value, non-taxable as 'Cargo Service' 

Shipping / barging charges towards transportation of imported goods from mother vessel not taxable under 'cargo handling services' u/s 65(23) r/w Sec 65(105)(zr) of Finance Act; Sec 14 of Cu...View More

Services received by overseas branches non-taxable; Local GST / VAT payment relevant

No tax applicable on services received by overseas branches on which local (country) VAT / GST already paid; Rejects Revenue contention that such branch offices act only as facilitators and that servi...View More