CESTAT Rulings


Escrow money towards construction services not payable to Govt u/s 73A absent liability 

Amount collected from customers and kept in escrow account towards contingent service tax liability not liable to be deposited with Govt u/s 73A of Finance Act; Such collection only cautionary deposit...View More

Recipient / Beneficiary's location important to qualify as "export" of BAS, not performance 

Business Auxiliary Services (BAS) rendered to offshore parent entity in relation to merchandising, product integrity, vendor compliance, quality assurance, fabric sourcing and logistic support in Indi...View More

Limitation period not applicable to refund claim of service tax paid erroneously 

Limitation period of one year as prescribed u/s 11B of Central Excise Act, 1944 (Act), not applicable for claiming refund of service tax erroneously paid on residential flats; Accepts assessee&rs...View More

Invokes extended period; Renovation of building unit, floor "commercial / industrial construction service" 

CESTAT Third Member upholds extended limitation period invocation & penalties u/s 77 & 78 of Finance Act, confirming demand on renovation / restoration activities u/s 65(25b) r/w 65(105)(...View More

Miscellaneous Application before Tribunal cannot be construed as appeal; Rejects assessee's application 

CESTAT Third member upholds non-maintainability of assessee’s miscellaneous application (MA), says it cannot be considered as 'appeal'; Relies on SC decision in Gurdev Singh, Ashok Kumar to hold...View More

Royalty not includible in imported goods valuation absent 'condition of sale' 

Royalty not includible in assessable value of imported goods in terms of Explanation to Rule 10(1)(e) of Customs Valuation Rules, absent condition of sale; As per agreement with foreign collabora...View More

Dismisses appeal, Customs Brokers cannot appeal against Prohibition orders under Regulation 23 

Appeal against Commissioner of Customs ' prohibition order under Regulation 23 of Customs Brokers Licensing Regulations 2013 (CBLR) not maintainable before Tribunal; Rejects assessee's contention that...View More

Activities incidental to mining not Cargo Handling or Site Formation service, pre-June 2007 

Activity in relation to mining of lignite i.e. removal of top soil from mining area, removal of over burden soil, kankar, sandstone, loading of lignite into trucks, classifiable as “Mining Servi...View More

CVD paid on damaged inputs cenvattable against duty payable on repaired goods 

CESTAT allows credit of countervailing duty (CVD) paid on damaged transformers re-imported into India, against payment of duty on repaired transformers, cleared from factory post undertaking repairs; ...View More

Rule 8(3A) duty discharge must in cash, though contravention construable as 'revenue arrears' 

Excise duty payment beyond statutory due date and 30 days’ grace period must be paid in cash, utilisation of CENVAT credit not allowed, as per Rule 8(3A) of Central Excise Rules; Though finding ...View More