CESTAT Rulings


'Manufacture' under EXIM Policy, not Excise, relevant for Advance Licenses; Waives pre-deposit 

CESTAT allows customs duty exemption on import of bulk drugs through high seas sale under Advance Licenses, for manufacture and export of compacted drugs; Rejects Revenue contention that process of co...View More

Transportation charges for depot sale - taxable or not? Third Member to decide

2 Member Bench refers matter on inclusion of transportation charges in assessable value of petroleum goods supplied to ONGC from depot, to Third Member; As per Member (Technical), since sale takes pla...View More

Allows EPCG benefit to Hotelier; Different classification for customs & ITC(HS) purpose unsustainable

CESTAT allows import of ‘calcareous stone’ by Hotelier, on availment of EPCG Scheme benefit under Notification No. 103/2009-Cus; Rejects Adjudicating Authority’s classification of go...View More

Mumbai Police deployment for events prima facie not 'Security Agency services'; Waives pre-deposit 

Services provided by Mumbai Police to individuals / organisations for private and public events prima facie not taxable as ‘Security Agency Services’ u/s 65(94) r/w Sec 65(105)(w) of Finan...View More

No tax prima-facie on collateral lending; Amount retained constitutes 'interest on loan'

Service tax prima-facie inapplicable on amount retained by Bank while advancing loan through Clearing Corporation of India (CCIL); Such transaction of collateral borrowing and lending amounts to givin...View More

Allows concessional rate benefit on Imaging plate / IP Casette as X-ray machine 'accessory' 

CESTAT allows concessional rate benefit of 5% under Notification No. 21/2002-Cus. (NT) on Imaging Plates (IP) and IP Casettes as accessories of X-ray machine; Exemption benefit available under Sr. no....View More

Allows credit of plant installation, Service beyond 'place of removal' irrelevant factor 

CESTAT allows credit of plant installation/erection service at customers' premises, where entire contract a composite one, and no extra consideration recovered for these services; Relies upon decision...View More

Customs duty inapplicable on burning loss generated during manufacture in bonded warehouse

Burning loss arising during manufacture in a customs bonded warehouse (CBW), not liable to customs duty u/s 65(2) of Customs Act, 1962, as waste and scrap; Assessee availed benefit of Notification No....View More

Airliner only 'beneficiary', not liable on lender to foreign institute loan guarantee

No service tax payable on insurance guarantee given by BNP Paribas to COFACE France towards loan extended to Airliner to purchase aircrafts; Rejects Revenue contention that transaction taxable in the ...View More

If appeal within limitation, presentation before wrong forum no bar for consideration 

Date of filing appeal papers & receipt thereof albeit in wrong office / forum, must be considered as “appeal filing date” for the purpose of Sec 35 of Central Excise Act; Appeal must b...View More