CESTAT Rulings


Expert's opinion ignoring HSN notes rejected in machinery vs parts classification debate 

CESTAT lays down principle for classification of parts and components of lift i.e. whether constitutes “lift machinery” under Central Excise Tariff Heading (CETH) 84.28 or “parts&rdq...View More

Pipeline in continental shelf liable to customs ; Rejects European GST ruling ratio

Customs duty a destination based consumption tax, upholds customs duty on pipeline installed in non-designated area in Continental Shelf and Exclusive Economic Zone of India; Relies on SC ruling in Ab...View More

Duty on DTA clearance by EOU an excise levy, eligible for CENVAT 

Allows CENVAT credit of duty paid by 100% EOU on DTA clearance under proviso to Section 3(1) of Central Excise Act, 1944 (Act); Follows Delhi CESTAT ruling in Amtek Auto Ltd.; Accepts assessee’s...View More

Coal classifiable as 'cargo'; Loading / Unloading taxable as 'cargo handling service'

Service tax applicable on loading / unloading of coal as 'cargo handling services' u/s 65(23) of Finance Act, 1994; Coal classifiable as 'cargo', relies on dictionary meaning to hold that transportati...View More

Project evaluation, construction, management a Consulting Engineer service, not real estate agent

Overall Management / administration provided by assessee (an offshore service provider) for Sahara India’s project at Amby Vally taxable under ‘Consulting Engineer services’ and not ...View More

TV advertising solicitation from domestic & foreign advertisers taxable as 'broadcasting service' 

CESTAT upholds service tax on television advertising solicitation in India on behalf of foreign broadcaster as ‘broadcasting services’ u/s 65(105)(zk) r/w Sec 65(15) & (16) of Finance ...View More

Land leasing by Govt Corporation not sovereign function, taxable as 'renting service'

Lease of land by Maharashtra Industrial Development Corporation (MIDC) for construction of building not a sovereign function, prima-facie taxable as 'renting of immovable property service'; Corporatio...View More

Bill discounting by banks not loan, interest income liable to service tax

CESTAT rules on service tax applicability on interest received by Bank​ ​on bill discounting facility extended to customers; Interest charged /​ ​collected thereby includible in value of taxab...View More

Allows credit on towers used for providing 'passive infrastructure'; Distinguishes Airtel ruling

CESTAT allows input service credit on towers / Base Transceiver Station cabins used for providing output service of Passive Telecom Infrastructure; Distinguishes Tribunal ruling in Bharti Airtel,...View More

Quashes Commissioner's order without reasons, as wholly perverse; Allows outward GTA credit

CESTAT quashes Commissioner’s order disallowing CENVAT credit on outward transportation charges on FOR sales; Relies on rulings of Chattisgarh HC in own case and P&H in Ambuja Cement; Said o...View More