CESTAT Rulings


Mercedes denied input service credit; Imported cars' trading neither 'service' nor 'exempted service' 

CESTAT denies proportionate credit of common services such as advertisement, event management, business auxiliary and business support services used in relation to trading of imported cars as well as ...View More

CENVAT Credit prima facie inadmissible against supplies to SEZ contractors; Directs pre-deposit 

CENVAT Credit prima facie unavailable in case of supply of excisable goods to SEZ contractors, absent specific provision in CENVAT Credit Rules (CCR); Rule 6(6)(i) of CCR applicable only to clearance ...View More

Refund available regardless wrong classification by service provider; Follows Pratap Re-rolling ruling 

CESTAT allows service tax refund against export despite wrong classification by service provider; Services received by exporter at port area classifiable as “Port Services” u/s 65(82) of F...View More

Mere input monitoring by customer doesn't make manufacturer a job-worker 

CESTAT rejects Revenue's stand that assessee was a job-worker, mere monitoring of inputs / manufactured goods by customer would not make assessee "job worker"; Assessee procured inputs for manufacturi...View More

Direct nexus mandatory for "Project Import Scheme" benefit; 'Purposive interpretation' inapplicable 

CESTAT Third Member concurs with Member (Technical), goods imported under Project Import Scheme must be used for unit of ‘specified’ project, cannot be diverted elsewhere; Rejects assessee...View More

Free supply of goods during construction not taxable; Distinguishes G.D. Builders ratio 

CESTAT allows 67% abatement under Notification No. 1/2006-ST on construction, works contract services, thereby excluding value of free supplies from gross consideration; Relies on Larger Bench ruling ...View More

Absent depot as 'place of removal', transaction value at factory relevant pre-2003 

Transportation charges incurred on stock transfer from factory to depot not includible in assessable value (AV), where goods sold from depot, pre-2003; During period of dispute, definition of “p...View More

Builder contracts with prospective buyers for residential complex construction not taxable pre-July 2010 

Builder / promoter / developer not liable to service tax as provider of residential complex construction service u/s 65(105)(zzzh) of Finance Act, 1994 pre - July 2010, w.r.t. amount received from pro...View More

Service tax on entire works contract value permissible; Reduced rate not mandatory 

CESTAT allows full service tax discharge alongwith inputs tax credit for works contract services; Rejects Revenue's stand that assessee does not have option to pay tax at regular rate but had to pay a...View More

Services received by Infosys' branches from overseas service providers not taxable 

Service tax demand not sustainable under reverse charge mechanism under Information Technology Software Service (ITSS) for services received by overseas branch of assessee (Infosys) from overseas sub-...View More