CESTAT Rulings


Preparation / exhibition must to qualify as 'advertising agency'; Mere collection for publication non-taxable 

Collecting advertisement proformas and forwarding them to various newspapers for publication not taxable as ‘advertising agency service’ u/s 65(3) of Finance Act; Rejects Revenue contentio...View More

Power project awarded through tariff-based bidding  eligible for 'International Competitive Bidding' exemption

CESTAT allows excise duty exemption on goods supplied for setting up power projects under International Competitive Bidding (ICB) in terms of Sl. No. 91 of Notification No. 6/2006-CE; Rejects Revenue ...View More

Sub-contractors supplying to Power Projects under ICB process eligible for duty exemption

CESTAT allows excise duty exemption under Notification No. 6/2006-CE on supply of goods to contractors undertaking setting-up of Ultra Mega Power Projects under International Competitive Bidding (ICB)...View More

Govt. undertaking not 'institutional consumer'; Upholds MRP valuation for Colour TV's free distribution 

CESTAT upholds valuation of Colour Television Sets (CTVs) cleared to State Govt undertaking for free distribution to poor on MRP basis u/s 4A of Central Excise Act, 1944; Rejects Revenue contention th...View More

BPCL ruling flawed; Accepts fixed "Import Price" between Refinery & marketing companies 

CESTAT upholds ‘Import Parity Price (IPP)’ charged by Indian Oil Corporation Ltd from Oil Marketing Companies (OMC) based on MoU as ‘transaction value’ for sale of Air Turbine ...View More

Interest inapplicable on provisional assessments completed before July 2006; Sec 18 amendment prospective

No interest payable on finalisation of provisional assessment of imported goods prior to July 2006 in terms of Sec 18(3) of Customs Act; Said section cannot be presumed to govern Bills of Entry filed ...View More

Once finished goods dutiable on MRP basis, undervaluation of intermediate goods irrelevant

CESTAT provides respite to Hindustan Unilever, sets aside duty demand on supply of intermediate goods, viz. unfinished soap noodles, at a price lower than that cleared to sister unit on cost construct...View More

Third member follows British Airways ruling; Foreign CRS services not-taxable

CESTAT Third Member grants respite to Thai Airways, services received by Indian branch offices from foreign-based Computer Reservation System (CRS) companies not taxable as “Online Database Acce...View More

'Agreement to Lease' entered prior to 'actual lease' prima-facie a renting service

CESTAT directs pre-deposit, ‘agreement to lease’ entered prior to actual leasing prima-facie falls within scope of ‘renting of immovable property’ as defined in Finance Act, 19...View More

Carpentry / masonry in existing building classifiable as 'renovation / repair services' u/s 65(25b); Abatement prima facie available 

CESTAT rules on classification of interior work activities such as wall plastering, floor tiling, carpentry undertaken in commercial premises u/s 65(25b) of Finance Act, taxable as ‘commercial o...View More