CESTAT Rulings


Third Member confirms liability; Sub-contractor's obligation not absolved by main-contractor's tax discharge 

CESTAT Third Member concurs with division bench, sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently; CBEC Circul...View More

Rebate appeal not maintainable before Tribunal; Excise restrictions applicable to Finance Act 

Service tax rebate appeals not maintainable before Tribunal, in terms of Sec 86 of Finance Act; Sec 86 mandates Tribunal to exercise same powers and follow same procedure as in case of Central Excise ...View More

Rejects sale price abatement on 'special' dealer discount, Denies cross-model discount utilization 

CESTAT upholds Rs 59 Cr duty demand with Rs 45 Cr penalty on Tata Motors Ltd, denies cross-model utilization of “special discounts” to dealers as reduction in transaction value of cars u/s...View More

Royalty on imports liable to customs, but quashes demand on limitation 

CESTAT Third Member concurs with Member (Technical), upholds inclusion of royalty / license fee paid for import of beta / digi-beta tapes containing films, in assessable value of said tapes; Relies on...View More

Port Acts & Finance Act 'pari materia'; Stevedoring not "port service" pre July 2010

Stevedoring and lighterage services rendered at minor ports in Gujarat not taxable as “port services” u/s 65(105)(zzl) of Finance Act, absent authorization from Port Authority under State ...View More

Depositor immaterial once tax collected against construction service paid to Revenue's credit 

CESTAT sets aside demand against real-estate developer, so long service tax collected from customers on construction services deposited with Revenue, it is immaterial who deposits the same; Assessee...View More

Sets aside ST demand; Pre-owned car exchange a 'sale' transaction, not 'BAS' 

Exchange of pre-owned / used cars for new ones by Maruti Suzuki dealer a pure transaction of purchase and sale, not construable as ‘business auxiliary service’ (BAS); Rejects Revenue conte...View More

Residential complex construction a 'works contract'; Number of service recipients irrelevant 

Construction of residential complex and subsequent sale of apartments to individual buyers taxable as “works contract service” u/s 65(105)(zzzza) of Finance Act; Adjudicating Authority&rsq...View More

Confirms long-term construction contracts re-classification as "works contract"; Leaves composition entitlement open 

CESTAT allows re-classification of on-going construction services to “works contract service” after its introduction w.e.f. June 1, 2007; Relies on CBEC Circular dated August 24, 2010, whi...View More

Lambasts Revenue for ignoring precedents; Jurisprudential stability foundation for stable investment climate 

Business Auxiliary services rendered to overseas entity in relation to evaluation of market trends and identification of prospective customers in India, qualify as ‘export’ under Export of...View More