CESTAT Rulings


Dredging in navigation channel leading to jetty not 'input service'; Orders pre-deposit 

‘Dredging service’ undertaken in navigation channel leading to jetty, prima-facie not an ‘input service’; Channel not a private property of assessee but belongs to Maharashtra ...View More

PIN mailer stationery classifiable as 'paper item' post 2008 attracting higher rate 

Pre-printed paper used for printing / writing PIN mailers by banks, prima facie classifiable under CETH 48.20 as ‘paper & paper board’ items from 2008 onwards; Apart from name of accou...View More

Consumables used in erection & commissioning services prima facie taxable absent actual consumption 

Deemed value of consumables prima facie includible in taxable value of erection and commissioning services u/s 65(39a) of Finance Act, absent details of actual consumption; Rejects assessee’s co...View More

Pipelines transporting crude oil to refinery not 'factory premises'; Rejects Excise registration

Transportation of crude oil through pipeline which travels through various States not a 'process' integrally connected with final manufacture; Upholds Revenue's action of rejecting assessee's applicat...View More

Finance Act doesn't allow retro rules; Trading not 'exempted service' before 2011

Trading activity neither ‘service’ nor ‘exempted service’ prior to April 1, 2011, input credit not available against services utilised therein; Explanation to Rule 2 of CENVAT ...View More

Manufacturer's customer assistance in export execution not 'Management Consultancy' 

Manufacturer's services of merely assisting customers in executing export orders not taxable as 'Management Consultancy Service' (MCS); MCS services imply services in relation to management of an orga...View More

Amendment to accrual basis taxation rule not 'clarificatory'; Retro application argument 'unsustainable' 

Pre-May 2008, Service tax on receipt of ‘manpower recruitment or supply agency service’ from associated enterprises payable on actual payment of gross amount, not against book adjustments;...View More

Labeling/re-labeling of equipment parts improves marketability, prima-facie manufacture 

Labeling / re-labeling of material handling equipment parts improves marketability, prima-facie amounts to manufacture u/s 2(f)(ii) of Central Excise Act, 1944; Directs 25% pre-deposit of tax demand; ...View More

Rejects total demand stay on services to SEZ absent authority from Developer 

Service tax exemption against “Business Auxiliary Services” provided to SEZ developer or Unit under Notification No. 4/2004-ST , prima facie unavailable, absent authorisation from SEZ Deve...View More

Free electricity not "additional consideration" for plant's operation & maintenance services

Electricity supplied free of cost by customer not includible in value of operation and maintenance (O&M) service of air separation plant provided by assessee; Air separation plant owned by assesse...View More