CESTAT Rulings


Transactions between overseas branch & Indian HO outside Sec 66A purview; Waives pre-deposit 

Rendition of services by overseas branches to overseas customers not taxable in the hands of head office (HO) in India on reverse charge basis; Sec 66A of Finance Act neither envisages treating branch...View More

Software supply subject to VAT, prima facie not taxable as 'IPR' / 'ITSS'; Waives pre-deposit 

Sale of third party software and in-house developed software prima facie not “Intellectual Property Right ​Service” (IPR) or “Information Technology Service” (ITSS); There is...View More

"Input service" definition amendment not 'retrospective'; Allows courier / telephone / insurance services credit 

CENVAT credit of courier service, landline telephone / mobile phone service and insurance of plant & machinery prima facie available during the period November 2004 to September 2008; Adjudicating...View More

Domain registration company paying fees to ICANN not taxable as 'franchisee service' 

Fees paid by Website domain registration company to International Corporation for Assigned Names and Numbers (ICANN) & ICANN accredited registries, not liable to service tax under reverse charge a...View More

Inter-entity capital goods transfer within same premises, a ‘removal’; attracts CENVAT recovery

CENVAT credit recoverable once ownership and control of capital equipment, machinery transferred to another legal entity, situated in same factory premises; Such transfer construed as ‘removal&r...View More

Govt subsidy not 'additional consideration' to fertiliser companies; Relies on CBEC Circular 

Nutrient based subsidy received from Ministry of Chemicals & Fertilisers not includible in transaction value of manufactured fertilisers; Rejects Revenue contention that compensation offered by wa...View More

Contract-manufacturer testing medicines to comply with formulae not 'technical testing service' 

Testing of pharmaceutical products during manufacture to check compliance with given formulae not taxable as ‘technical testing and analysis service’; As per agreement with principal, asse...View More

'Ocean freight' not liable to service tax absent specific entry levying tax

CESTAT sets aside Adjudicating Authority order, no service tax leviable on ocean freight incurred by logistics company; Rejects Revenue contention that assessee providing composite service, whose pre-...View More

Accepts assessee's lower transaction price; Time, place key ingredients in 'import valuation'

CESTAT accepts transaction value declared by assessee based on invoice value as per prevalent international market rates + demurrage charges, though goods imported earlier by another consignee at high...View More

Survey activities for road construction prima facie "Consulting Engineer Service"; Directs partial pre-deposit

Survey activities involving soil investigation, traffic survey, pavement design for road construction prima facie classifiable as ‘Consulting Engineer Services’, not ‘Survey and Map ...View More