CESTAT Rulings


Banquet hall renting taxable as 'convention service' though charged only for food 

Renting of banquet halls for conferences, get-togethers and parties taxable as ‘convention service’ u/s 65(32) r/w 65(105)(zc) of Finance Act, despite no separate charge for use of hall; R...View More

Prior knowledge of Department totally irrelevant for duty computation; Extended period justified 

CESTAT upholds invocation of extended limitation period, prior knowledge of Department totally irrelevant for duty demand purposes; Knowledge of Department does not mean that suppression which stands ...View More

Vessel repair services prima facie not 'input services' post March 2011; Directs pre-deposit 

CENVAT Credit prima facie not available against services used for repair of vessels operated for bringing in / removal of raw materials / finished goods from factory, post March 2011; Amended definiti...View More

Subsequent duty discharge through lapsed credit prohibited, though goods cleared earlier 

CENVAT Credit once lapsed, cannot be utilized for subsequent duty payments even if goods cleared before such lapsing; Rejects assessee’s contention that mere non-payment of duty in month of clea...View More

Vessel charter 'supply of tangible goods service', not 'port service'; Waives pre-deposit

Charter hire of vessels for undertaking various operations in Port prima facie taxable as “supply of tangible goods for use” service only w.e.f. May 16, 2008; Rejects Revenue contention th...View More

Refers issue of simultaneous penalty imposition before May 2008 to Larger Bench

CESTAT refers question of simultaneous penalties u/s 76 & 78 of Finance Act prior to May 10, 2008 to Larger Bench; Takes note of conflicting HC decisions in United Communication Udupi, Krishna Pod...View More

Railways/Defense not 'Public Distribution System'; Denies exemption on kerosene supply beyond quota 

CESTAT denies customs duty exemption on import and supply of Superior Kerosene Oil (SKO) to Railways, Air Force / Defense and Public Distribution System (PDS) dealers; Harmoniously interprets ‘P...View More

Allows credit refund; Investment advisory services to foreign company qualify as 'export' 

CESTAT dismisses Revenue appeal, allows input service credit refund against investment advisory services provided to foreign entity; Rejects Revenue contention that refund unavailable as such ser...View More

'Consideration receipt date' relevant for export refund; Remands matter for limitation applicability 

CESTAT allows credit of housekeeping, domestic ticketing, food & catering, employee transport for purposes of service tax refund under Notification No. 5/2006-CE (N.T); Relying on Bombay HC ruling...View More

Denies group insurance credit attributable to employees' family members; ESI Act irrelevant 

CESTAT allows input service credit of Group Health Insurance attributable only to employees, not their family members; Service tax paid on insurance of employee’s families no way relatable to as...View More