CESTAT Rulings


Refers Rule 9 proviso applicability towards pan-masala duty determination to Third Member

CESTAT refers to Third Member issue of sustainability of duty demand under 7th proviso to Rule 9 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008; Member (Tech...View More

Allows capital goods credit for construction of power plant on 'leased land' 

CESTAT Third Member allows CENVAT credit w.r.t. capital goods used for construction of captive power plant (CPP); CPP installed on land leased out for electricity generation for use in assessee’...View More

Upholds penalty on irregular CENVAT credit but 25% payment option to taxpayer mandatory

CESTAT upholds penalty against CENVAT credit irregularly availed on imported inputs short received in respect of which assessee claimed insurance; Assessee availed CENVAT credit (including CVD) initia...View More

Tax evasion intention non-essential for invoking extended limitation prior to Sept 2004

CESTAT upholds invocation of extended limitation period u/s 73 for service tax demand on car loan marketing u/s 65(105)(zzb) r/w Sec 65(19) as “business auxiliary service”; Rejects assesse...View More

Sample testing for job-workers for own goods not "technical testing service"

CESTAT dismisses Revenue appeal, testing of sample goods manufactured by job workers and overseas sister concerns, not taxable u/s 65(105)(zzh) of Finance Act as ‘technical testing & analysi...View More

Actual service tax collection, a condition precedent before demanding u/s 73A 

Proof of actual service tax collection, a condition 'precedent' before passing tax demand order u/s 73A of Finance Act; Tribunal rejects Adjudicating Authority's inference that assessee collected serv...View More

Non-mention of Rule in show cause notice doesn't vitiate assessable value re-determination

CESTAT upholds undervaluation of transactions between Legrand India Pvt Ltd and manufacturer, as related persons; Rejects rectification of mistake application, direction to redetermine value in terms ...View More

Funskool boardgames classifiable as 'games'; Third Member rejects assessee's 'toys/puzzles' classification 

CESTAT Third Member upholds classification of Funskool board games viz. Chip N Dale, Duck Tale Disney, Fox & Geese and Rally under CSH 95.04; Relies on Harmonised System of Nomenclature (HSN) clas...View More

Excise provisions applicability must to invoke 'unjust enrichment' bar; Follows Biochem ruling

CESTAT allows refund, bar of unjust enrichment not applicable when fabrics processing under job-work not ‘manufacture’; Since Central Excise Act provisions not applicable to duty-free good...View More

'Tax payment' crucial for WCT composition entitlement; Denies benefit against advance received 

CESTAT grants composition scheme benefit against services rendered after introduction of ‘works contract service’ category w.e.f. June 1, 2007, though contract entered prior to such date; ...View More