CESTAT Rulings


Denies credit based on photocopy of documents; SC's Indian Oil ratio applicable 

CESTAT denies input credit against extra / photo copies of duty paid documents; CENVAT Credit Scheme adopted and operationalised in India based on Tax Credit Method, which relies on sanctity of docume...View More

Mandatory labels / MRP affixation on imported goods under Customs control not 'manufacture' 

CESTAT quashes excise duty demand against affixing labels and MRP on imported cosmetic and toilet products for marketing in India; Rejects Revenue contention that such activity amounts to ‘manuf...View More

Credit prima facie available on "document processing services" affecting company's financial management 

CENVAT credit prima facie available on document processing services utilised during clearance of goods for export as well as towards rebate claims before Central Excise Department; Such services neces...View More

No concessional import duty benefit for 'Steam Coal'; Sternly rejects 'recusal' request 

CESTAT pronounces detailed ruling on 'coal' classification, interpretation of tariff classification and rules in favour of Revenue; Rejects concessional duty benefit under Notification No 12/2012-C.E....View More

Factories operating from same premises not separate entities for SSI exemption

Clearances from different factories operating from same premises to be clubbed for determining eligibility as well as quantum of small scale industry (SSI) exemption; Directs assessee to pre-deposit 5...View More

Duty on job-worked goods payable on value charged from ultimate buyers

Duty on paper cleared as reels from factory to job worker for conversion into sheets, payable at price at which paper sheet sold by assessee to ultimate buyers, after clearance from job-workers premis...View More

Upholds duty recovery under erstwhile Rules; Coordinate bench ruling not good law

CESTAT tackles question of duty recovery under erstwhile Central Excise Rules 1944 by following Larger Bench ruling in Kisan Sahakari Chini Mills Ltd. that held Sec 38A introduction in Central Excise ...View More

Celebrity promoting branded products not taxable pre-July 2010 as BAS 

Promotion / Marketing of branded products / services by celebrity not taxable as ‘Business Auxiliary Service’ (BAS) pre-July 2010, but taxable as ‘Brand Promotion Service’ w.e....View More

Refund hit by unjust enrichment though tax collected under "non-specific entry"

CESTAT denies refund claim w.r.t. service tax paid on renting of concrete pumps under ‘Business Support Service’ (BSS) for period May 2007 to Jan 2008, invoking "unjust enrichment principl...View More

Allows SAD refund on drugs imported in 'kgs' sold in 'grams' 

CESTAT allows SAD refund under Notification No. 102/2007-Cus against import of bulk drugs packed in kgs, but subsequently sold in grams; Rejects Revenue contention that subsequent sale of imported goo...View More