CESTAT Rulings


Third Member allows input credit on slitting / pickling of HR coils; Sec 5B inapplicable 

Third Member concurs with Member (Judicial), allows input credit​ on H.R. Coils subjected to process of ​slit​ting​​ & pickling​ ​and cleared on payment of duty; ​Rejects Revenue c...View More

Lambasts Revenue for non-disbursal of refund; Threatens "Court Contempt" against erring officials 

Lambasts Revenue for not disbursing rebate / refund despite Tribunal’s clear direction to dispose of claim within one month; Tribunal sanctioned refund after considering all relevant documents, ...View More

Allows SAD exemption & Education Cess credit utilisation on EOU - DTA stock transfer

CESTAT allows Special Additional Duty (SAD) exemption on stock transfer by EOU to units in DTA under Notification No. 23/2003-CE; A plain interpretation of condition that ‘goods must not be exem...View More

No tax payable on construction and maintenance of sub-stations for electricity transmission 

Construction and maintenance of sub-stations for Maharashtra State Electricity Transmission Co. exempt from service tax under Notification No.45/2010​-ST​; Said Notification exempt​s​ taxable ...View More

Charter-hiring oil drilling rigs beyond territorial waters taxable as 'tangible goods supply'

Charter hire of oil drilling rigs for operation in Continental Shelf / Exclusive Economic Zone of India, beyond territorial waters, taxable as ‘supply of tangible goods for use’ service u/...View More

Erection, commissioning of imported equipment a condition of sale; Design / engineering charges taxable 

​Charges for design​, engineering ​and technical supervision of equipment imported for erection, commissioning​ and installation of plant,​ ​includible in assessable value, liable to custo...View More

Third Member denies Anti-dumping duty exemption against transferred authorisation imports

Third Member of CESTAT concurs with Member (Technical), denies Anti-dumping Duty (ADD) exemption under Notification No. 98/2009-Cus on imports against transferred Duty Free Import Authorisation (DFIA)...View More

SEZ refunds on higher platform than Sec 11B; Interest payable on delayed sanction

​​CESTAT upholds ​interest on ​refund ​delay in respect of services rendered to SEZ unit; Rejects Revenue contention that Notification No. 9/2009-ST​,​ as amended by Notification No. 15/...View More

Dealer staff training, programme membership fees not 'additional consideration' for motorcycle sale

Recovery of contributory expenses (viz. hall charges, training equipment) from dealers towards staff training not includible in assessable / transaction value of motorcycles u/s 4 of Central Excise Ac...View More

Extends exemption on yarn; 'Manufacturer' = individual factory, not 'legal entity' / 'group companies' in toto

CESTAT extends exemption to Partially Oriented Yarn (POY) under Notification No. 30/2004-CE to assessees’ factory / factories undertaking subsequent processing like texturising / draw twisting; ...View More