CESTAT Rulings


Commercial propane a 'liquefied petroleum gas'; End-use irrelevant for concessional duty benefit 

CESTAT dismisses Revenue appeal, allows concessional countervailing duty (CVD) benefit on 'Commercial Propane' imported and cleared as Liquefied Petroleum Gas (LPG) in terms of Notification No. 4/2006...View More

Quashes demand; Township land development neither 'complex construction service' nor 'works contract' 

Development of land owned by Housing Corporation for township neither taxable as ‘construction of complex service’ nor ‘works contract’; Construction of roads, laying of sewer ...View More

Residential apartment construction a 'works contract service' post June 2007; Prior classification irrelevant 

CESTAT allows re-classification of residential apartment construction activity as ‘works contract service’ after its introduction w.e.f. June 2007; Where any activity involving constructio...View More

Fitting body on vehicle chassis for principal 'job-work', not 'sale'; Rule 10A applicable 

Manufacture of motor vehicles by fitting body on chassis supplied by Tata Motors Ltd free of cost, assessable under Rule 10A of Central Excise Valuation Rules, as ‘job-work’; Interprets Ru...View More

Grants SAD refund; Invoice endorsement not required for sale to unregistered buyer 

CESTAT grants 4% SAD refund against sale of imported stainless steel under Notification No. 102/2007; Sale to buyer not registered under Central Excise amounts to fulfilment of ‘credit non-avail...View More

State seed certification agency's activities not statutory function, liable to service tax 

Fees charged for certification of seeds produced as per Seeds Act / Rules, liable to service tax under ‘Technical Inspection and Certification Service’; Rejects assessee (a State Seed Cert...View More

'Onshore Terminal' for gas extraction not 'Transport Terminal'; Construction service exclusion unavailable 

“Onshore terminals” for gas transportation not ‘transport terminal’ falling within exclusionary clause of “Commercial and Industrial Construction Service” u/s 65(25...View More

Grants Project Import benefit to JNPT; Sponsoring Authority letter inapplicable pre-March 1992 

CESTAT grants Project Import benefit to JNPT (formerly known as Nhava Sheva Port Trust / NSPT) for “NSPT Port Project” in 1988-90; Demand of differential customs duty, redemption fine &...View More

Follows jurisdictional HC ruling to deny credit of services in residential colony 

CESTAT denies input credit of services utilised / received in residential colony of employees located outside factory; Follows jurisdictional Bombay HC's decision in Manikgarh Cement to hold that serv...View More

Interprets Rule 7; Only assessee, not Revenue can seek provisional assessment 

CESTAT dismisses Revenue appeal, upholds Commissioner (Appeals) order quashing suo moto direction of Revenue for provisional assessment; Interprets Rule 7 of Central Excise Rules, only assessee can se...View More