CESTAT Rulings


Salary reimbursement liable under 'MSS'; Service rendition at loss irrelevant 

Salary reimbursement of employees engaged with client (pursuant to lease of machines) taxable under ‘Manpower Supply Service’ (MSS) i.e. Sec 65(105)(k) post June 16, 2005; Prior to said da...View More

Goods & services value split under VAT irrelevant for service tax levy 

Service tax discharge based on split between goods and services provided under Maharashtra VAT Act (MVAT) / Rules not acceptable, CESTAT terms it as arbitrary determination of cost of goods supplied; ...View More

Retail Sale Price Determination Rules 'retrospective'; Switchgear products assessable u/s 4A pre-March 2008 

CESTAT Third Member confirms excise duty assessment of switchgear products (Heading 85.36) u/s 4A of Central Excise Act, i.e. as per ‘retail price’ instead of Sec 4 (transaction value), pr...View More

Banner advertising on website not 'BAS' pre-May 2006; Revenue's appeal meritless 

Banner advertising on e-Bay website taxable only under “Sale of advertising space and time service” w.e.f May 1, 2006, not “Business Auxiliary Services” (BAS); Since advertisin...View More

Funskool board games classifiable as 'toys/puzzles' or 'games'?, Bench refers to President 

2 Member CESTAT Bench refers classification dispute of Funskool board games viz. Chip N Dale, Duck Tale Disney, Fox & Geese and Rally to CESTAT President for determination; Issue pertained to clas...View More

Allows input service credit on storage shed construction within factory premises

CESTAT allows input service credit on construction / erection / fabrication of temporary shed for storage of cement and steel inside factory premises; Services in relation to setting up, modernis...View More

Captive consumption amongst sister concerns 'revenue-neutral exercise'; Credit on electricity available 

CESTAT cites 'revenue neutrality' to allow proportionate input credit on generation and supply of electricity to assessee’s second unit with different Excise registration; Distinguishes Maruti S...View More

'Credit non-availment' condition for GTA abatement applicable to service provider, not recipient 

CESTAT upholds Commissioner (Appeals) ruling, credit availment by ‘service recipient’ no ground to deny 75% abatement benefit on ‘GTA services’; Notification Nos. 32/2004-ST an...View More

Laptop a 'capital good', 'Movability' irrelevant for CENVAT credit 

CESTAT allows capital goods credit on laptop (installed with special software) used to operate aluminium pressing machines in factory; Laptop falls within Chapter 84 of Central Excise / Customs Tariff...View More

Un-availed cash discounts includible in 'Transaction value'; Refers matter to CESTAT President 

Un-availed cash discounts includible in assessable value of cleared goods under new Sec 4 of Central Excise Act; As per ‘Transaction Value’ definition, consideration received at a time oth...View More