CESTAT Rulings


Audio-visual coverage of IPL matches for BCCI taxable as 'programme producer services' 

Audio-visual coverage of Indian Premier League (IPL) matches for and on behalf of BCCI by non-resident service providers taxable on reverse charge basis as ‘programme producer services’ pr...View More

Consignment Agent clearing Principal's goods in smaller lots, not C&F agent service

Sale of goods in smaller lots by assessee at prices fixed by Principal, not a Clearing & Forwarding (C&F) Agent service; Assessee appointed as a consignment agent to receive goods from Princip...View More

Tribunal judgment binding on quasi-judicial authorities; Reprimands authorities for transgressing judicial discipline

Judgment of Tribunal has precedential authority and is binding on all quasi-judicial authorities, adjudicating authority unaware of this basic principle inadequately equipped to deliver quasi-judicial...View More

Passes interim order addressing common CENVAT credit refund related issues under Rule 5

CESTAT passes interim order, rules on various common issues w.r.t. CENVAT credit refund claim by service providers under Rule 5 of CENVAT Credit Rules, 2004 (CCR) and Notification No. 5/2006 issued th...View More

Technical-fee includible in air-conditioners' value; Allows declared price-list revision for assessment finalisation

Technical service fee mandatorily recovered from dealers on supply of air conditioners includible in declared wholesale prices during finalization of provisional assessment under Rule 173I of erstwhil...View More

Allows input credit on direct supply to job-workers; Prior factory receipt irrelevant 

CESTAT allows credit on inputs received directly at job-workers’ premises from principal manufacturer-supplier instead of assessee’s factory, under Rule 57(A) / 57Q of erstwhile Central Ex...View More

Renting buses to transport corporations prima facie 'rent-a-cab service', not 'tangible goods supply' 

Renting / hiring of cars and buses to transport / municipal corporations taxable as ‘rent-a-cab service’, not ‘supply of tangible goods for use’; P&H HC, Madras HC & Tr...View More

No duty concession on 'Ash-handling system'; however quashes demand absent exemption certificate cancellation

CESTAT denies duty exemption on Fuel & Ash Handling System under Notification No. 6/2002-CE, cannot be considered as ‘waste conversion device producing energy’ / 'non-conventional ener...View More

Cannot restrict outdoor catering credit to establishments under Factories Act; Waives pre-deposit 

Factories Act not a criteria for determining CENVAT credit admissibility on outdoor catering service under Rule 2(l) of CENVAT Credit Rules; Though Bombay HC in Ultratech Cement observed that there wa...View More

Once malafide intent ascertained, Sec 78 penalty applicable, not u/s 76; Applies 'Motor World' ratio

​Once penalty for suppression with tax evasion intention ascertained u/s 78 of Finance Act, penalty for failure to pay service tax u/s 76 not attracted; Relies on Karnataka HC ruling in Motor World ...View More