CESTAT Rulings


DTA sale is EOU's 'vested right'; Permission delay can't hinder annual entitlement

CESTAT allows duty exemption on DTA sale by 100% EOU prior to grant of permission by Development Commissioner (DC); DTA sale entitlement accrues on first day of financial year based on export performa...View More

Royalty / license fee not 'sale condition' of imported capital goods; Rule 9(1)(c) inapplicable

Royalty & license fee payable on transfer of technical know-how in relation to ‘Float Process Technology’ and sale of finished products, not includible in import value of capital goods...View More

Can't treat inputs as 'non-duty paid' on credit availment; By-product waste exempt

​CESTAT exempts waste arising out of manufacture of plastic products, availment of duty ​credit ​on inputs does not violate condition of ​Notification No. 53/88-CE; Notification exempts waste ...View More

Upholds job-work valuation at cost + job charges; Absent captive consumption, Rule 8 inapplicable

CESTAT upholds valuation of job-worked goods on raw material cost + job-charges basis, towards fabrication and installation of structures for ONGC’s off-shore oil explorations; Rejects Revenue c...View More

Therapeutic treatment of ailment with yoga taxable as 'health & fitness service' 

CESTAT upholds service tax on therapeutic treatment through yoga as ‘health and fitness service’ u/s 65(42) of Finance Act; Rejects assessees’ contention that since they engaged in t...View More

Bill of entry sufficient for import value determination; Invoice / insurance cover value irrelevant 

Bill of Entry value acceptable for determination of assessable value of imported vessel, invoice / insurance cover value irrelevant for exemption entitlement under Notification No. 21/2002-Cus; Invoic...View More

Acquisition / sale of identified land for wind farm projects not 'real estate service' 

Acquisition / leasing of land identified by client & further sale / sub-leasing exclusively to client’s customers for setting up wind farm projects not taxable as ‘real estate agent se...View More

Indian Oil adding additives in own unit for marketing purpose, not service 

Activity of adding additives to High Speed Diesel Oil for marketing / promotion purposes not taxable as “Business Auxiliary Service”; Rejects Revenue contention that addition of fuel addit...View More

'RedBull' classifiable as propreitory caffeinated beverage not aerated water, allows relief

CESTAT rules in favour of assessee, holds energy drink 'RedBull' containing caffeine, glucose etc. a proprietary caffeinated beverage and not mineral and aerated water; 'RedBull' recommended by Food S...View More

Cigarette packing shells / slides constitute 'box', exigible to duty; Refunded duty restitution sustainable 

CESTAT upholds recovery of earlier refunded duty on cleared cigarette shells / slides used for packing purposes, pursuant to SC order in assessee’s own case; As per SC, cigarette shells and slid...View More