CESTAT Rulings


Software imported for BSNL's exclusive use not "packaged software"; Duty exemption available

CESTAT allows exemption benefit under Notification Nos. 21/2002-Cus and 6/2006-CE on import of software on CDs by telecommunication equipment manufacturer; Said Notifications exempt “customized ...View More

Certification of 'use' sufficient to claim exemption on supplies to UN body

CESTAT extends excise duty exemption on supply of goods to UNICEF in terms of Notification No. 108/95-CE, despite non-mention of excise duty component in UN Certificate; Notification allows exemption ...View More

Allows credit distribution of services availed by EOU to DTA unit pre-2012 

CESTAT allows assessee’s Head Office, an Input Service Distributor, to distribute credit of services availed by one unit (an EOU) to another unit in DTA; Rejects Revenue contention that overseas...View More

LB settles metal by-products excisability post - 2008; ‘Manufacture’ & ‘marketability’ tests satisfied

CESTAT LB confirms excise levy on “Aluminium dross and skimmings”, by-products arising in course of manufacture of aluminium / non-ferrous metal products, post May 10, 2008; Twin tests of ...View More

Refundable security deposit not exigible to tax on termination of lease

No service tax payable on refund of security deposit on termination of lease / rent agreement, as same not part of “renting of immovable property service”; Assessee’s logic of treati...View More

Infrastructural facilities to plot-owners by State Corporation a sovereign function, not taxable

Provision of infrastructural facilities like maintenance of roads, street lights to plot owners by State Corporation constituted under Maharashtra Industrial Development Act, not liable to tax; Reject...View More

Must calculate refund limitation from date of goods clearance on price revision 

Excess duty refund u/s 11B of Central Excise Act consequent to downward revision of product price admissible since it was filed within 1 year from clearance of goods from factory; Rejects Revenue cont...View More

Absent technical assistance / consultancy, providing data on magnetic tapes not 'Consulting Engineer Service' 

Activity of providing sub-surface data on magnetic tapes to ONGC not taxable as ‘Consulting Engineer Service’; Absent analysis of data collected / recorded, no technical assistance / consu...View More

Contract carriage not 'tourist vehicle'; Employee transportation not 'tour operator service' pre-Sept 2004 

Contract Carriage Vehicles providing to ​& fro ​​bus transportation to Company employees not 'tourist vehicle​s​'; ​Prior to Sept​ember​ 2004​,​ only person engaged in operatin...View More

Beverage company ineligible for credit on quality control services at bottler’s premises

CENVAT Credit prima-facie unavailable on quality control & testing services provided by third party at bottler’s premises, absent any integral connection with soft drink concentrate manufact...View More