CESTAT Rulings


Denies advertising credit for manufacturing "soft drinks concentrate", as final products exempt

CESTAT denies utilisation of CENVAT credit distributed through Input Service Distributor (ISD) invoice in respect of advertising services availed for exempt final products, towards manufacture of soft...View More

Cannot restrict credit to 'common inputs' in formula while calculating Rule 6(3A) reversal 

Must consider “total CENVAT credit taken on input services during the financial year” while determining credit reversal amount as per formula prescribed under Rule 6(3A) of CENVAT Credit R...View More

Commission by money transfer agents in India non-taxable under reverse charge 

Commission received by Indian agents of Western Union for transfer of money from abroad to India not taxable under reverse charge mechanism as ‘Business Auxiliary Service’; Since considera...View More

Tax discharge by Division on parent company's behalf prima facie sustainable; Waives pre-deposit

Discharge of service tax for use of brand name under ‘intellectual property service’ category by a division on behalf of parent company prima facie allowable, since it is part and parcel o...View More

Third Member to decide Reviewing Authority's power to travel beyond SCN for refunds 

2 Member Bench refers matter on Reviewing Authority's power to go beyond Show Cause Notice (SCN) in refund cases to Third Member; As per Member (Technical), refund claim governed by Sec 27 of Customs ...View More

Credit reversible on final products becoming exempt under Rule 6, not Rule 11 of CCR 

CESTAT upholds reversal of CENVAT credit on inputs lying in stock / in process subsequent to grant of exemption to some of the finished products under Rule 6 of CENVAT Credit Rules, 2004 (CCR); Rule 1...View More

Institutes offering non-recognized Post Graduate courses taxable under commercial training pre-March 2006 

CESTAT rejects assessee's appeal, upholds service tax levy on institutes offering Post Graduate Diploma courses not recognized by law under ‘Commercial Training or Coaching Services’; Asse...View More

Supply of services to HAL taxable absent 'PSU' status; Directs pre-deposit

Services rendered to Hindustan Aeronautics Ltd. (HAL) taxable under Finance Act; HAL not a public sector undertaking (PSU) since it has been incorporated under Companies Act, 1956; Service tax applies...View More

Denies concessional duty benefit on homeopathic medicines import absent "credit non-availment" fulfilment

CESTAT allows Revenue’s appeal, homeopathic medicines imported into India not eligible for concessional rate of Additional Customs Duty (ACD) @ 1% under Notification No. 1/2011-CE; Exe...View More

Capital goods used for dutiable and exempt products at different time, Credit available

CENVAT credit available on capital goods initially used for manufacture of exempt goods but subsequently used for manufacture of dutiable goods; In terms of CENVAT Credit Rules, it is not required tha...View More