CESTAT Rulings


Third Member 'chews' demand on flavoured tobacco; Upholds MRP valuation pre-July 2006 

CESTAT Third Member upholds classification of flavoured “Gopal Zarda” as ‘chewing tobacco’ under Tariff Heading (CTH) 24039910 assessable u/s 4A of Central Excise Act on MRP ba...View More

MRP affixation post Customs clearance constitutes 'manufacture'; Distinguishes L'Oreal India ruling

Affixing MRP stickers/labels on imported goods like perfumes, shampoos and body spray in private warehouse after customs clearance, amounts to 'manufacture' as per Chapter Note and Sec 2(f)(iii) of Ce...View More

Separate contracts for goods supply & erection / commissioning taxable as composite works contract 

CESTAT upholds service tax on reverse charge basis on turnkey project awarded to entity in China for setting up of power plant in India, under ‘works contract’ category; Though project spl...View More

GTA / sales promotion credit unavailable on pharmaceuticals manufactured on loan license by job-workers 

CESTAT allows Revenue appeal, credit of input services viz. GTA, sales promotion ineligible on goods manufactured by loan licensees (job-workers) on assessee's behalf; In terms of Central Excise Act a...View More

Faculty accommodation not staff welfare; Allows credit on flats procurement outside premises

CESTAT allows service tax credit on brokerage paid towards purchase / lease of flats for accommodation of in-house faculty members of commercial training centre; Rejects Revenue's reliance on AAR deci...View More

Allows credit distribution to single plant; 'Turnover based' distribution not binding pre-2012 

Credit distribution proportionate to turnover of various units by Input Service Distributor (ISD) not a ‘binding condition’ pre-April 2012 under Rule 7 of CENVAT Credit Rules; Allows credi...View More

Telecom service provider entitled to credit of SIM cards distributed to subscribers 

CENVAT credit admissible in respect of distribution of SIM cards to subscribers on behalf of Telecom service provider; Rejects Revenue contention that services provided by distributors have no nexus w...View More

PVC coating incidental to cutting / slitting of coils, amounts to 'manufacture'; Credit irreversible

Cutting / slitting of coils according to customers preference and applying PVC coating thereon amounts to ‘manufacture’ u/s 2(f) of Central Excise Act; Rejects Revenue’s reliance on ...View More

Branch Situs determines taxability; Allows ​credit of insurance auxiliary services in J&K

CESTAT allows CENVAT credit of service tax erroneously paid as recipient of service, construing it as ‘refund of tax wrongly paid’; Assessee received insurance auxiliary service in Jammu &...View More

Software usage promotes CRS companies' business, prima facie taxable as 'BAS'; Directs pre-deposit

Receipt of incentive / consideration by travel agent for use of ticket booking software from Computer Reservation System (CRS) companies constitutes business / product promotion, prima facie taxable a...View More