CESTAT Rulings


Input credit balance before opting excise duty exemption utilizable against output ST 

CESTAT allows credit of inputs lying in CENVAT credit account against payment of tax on commission agent services taxable as Business Auxiliary Service (BAS); Assessee opted for exemption notification...View More

Input credit refund unavailable when export rebate claimed; Distinguishes 'Indo Dane' ruling 

CESTAT upholds denial of unutilised input credit refund against export of electric cars under Rule 5 of CENVAT Credit Rules r/w Notification No. 11/2002-CE(NT); Rule 5 bars refund when manufacturer / ...View More

Pre May 2001, Sec 11AB interest not payable absent fraud 

CESTAT sets aside levy of interest u/s 11AB of Central Excise pre May 11, 2001, despite fact that demand confirmed by invoking extended period; Prior to May 11, 2001, interest u/s 11AB applicable only...View More

City transport corporation providing buses on contractual basis not 'rent-a-cab' service 

Bangalore Metropolitan Transport Corporation (BMTC) providing bus transportation facility on contractual basis to factories, schools and colleges not taxable as ‘rent-a-cab’ service u/s 65...View More

User documentation charges relating to goods supplied forms part of assessable value 

CESTAT allows excise duty exemption under Notification No. 64/95-CE on supply of platforms and missiles made by assessee to Indian Navy; Such missiles required for use/construction of warships, since ...View More

Playing cards covered under 'sports goods' for concessional duty; Distinguishes Funskool ruling

'Playing Cards' eligible for exemption from payment of Central Excise duty under Notification No. 02/2011 dated March 1, 2011 to the extent of 5%; All products falling under Chapter 95 of First Schedu...View More

Allows rebate to GE India against R&D service exported to overseas entity 

CESTAT allows rebate against export of R&D services to overseas entity relying on Delhi Tribunal rulings in GAP International Sourcing (India) Pvt Ltd and Paul Merchants Ltd; Rejects Revenue conte...View More

Rule 6(7B) an 'option'; Revenue cannot demand higher tax for non-satisfaction with consideration 

CESTAT sets aside service tax demand @ 0.25% of gross amount charged towards sale and purchase of foreign exchange, under Banking and Other Financial Services (BoFS); Combined reading of Sec 65(12) of...View More

DGFT clarification not binding on Customs authorities for Tariff classification 

CESTAT rules on classification of surplus Marine Gas Oil (HSD) / LDO contained in fuel tanks of vessels brought for breaking, under Foreign Trade Policy (FTP); Surplus fuel classifiable under Heading ...View More

Allows credit on re-insurance services availed by Indian Insurance Co 

CESTAT allows credit of tax paid on re-insurance service availed from overseas companies by Indian insurance provider; Rejects Revenue contention that credit inadmissible since re-insurance takes plac...View More