CESTAT Rulings


Rejects revenue-neutrality argument; Denies GTA credit absent manufacture/duty payment 

CESTAT denies CENVAT credit on transportation of inputs and final products to / from job-workers premises, absent manufacture / duty payment by assessee; Rejects assessee’s contention of revenue...View More

Absent sale, differential CVD credit admissible against BoE, not supplementary invoice 

CESTAT allows capital goods credit of differential countervailing duty (CVD) paid, subsequent to revision of import rates; Rejects Revenue’s contention that since differential duty was paid unde...View More

After Chennai CESTAT, Delhi allows CENVAT Credit refund before registration 

Refund of accumulated CENVAT credit taken prior to obtaining registration permissible under Rule 5 of CENVAT Credit Rules, 2004; Relies on Karnataka HC ruling in mPortal Wireless Solutions India Pvt L...View More

Interprets exemption Notification; Supply to Indian Navy must be direct, not intermediate 

CESTAT denies excise duty exemption to Hindustan Petroleum under Notification No. 64/95-CE; Interprets said Notification, supply of goods to Indian Navy / Coast Guard as ‘stores’ for on-bo...View More

Duty not separately indicated in invoice; Refund claim hit by unjust enrichment 

Assessee’s refund claim hit by bar of 'unjust enrichment' as total incidence of customs duty passed on to buyer of goods, absent indication of any separate duty element in invoice; Accepts Reven...View More

Allows SAD refund on exempt goods, No re-assessment of BoE; Distinguishes SC ruling 

CESTAT allows refund under Notification No. 102/2007 - Cus of Special Additional Duty (SAD) paid on goods otherwise exempt under Notification No. 29/2010 - Cus; Unlike Sec 5A of Central Excise Act, no...View More

Lays emphasis on transactional documents; Providing mere 'table space' not BAS

Mere providing table space by automotive dealers to banks/financial institutions would not per se amount to “Business Auxiliary Service” (BAS); Where mere space is provided at dealer&rsquo...View More

Interprets Sec 125, Rejects redemption fine enhancement absent higher profit margin

CESTAT rejects redemption fine enhancement subsequent to clearance of imported goods, absent evidence of higher Margin of Profit (MoP) on imports; As per Sec 125 of Customs Act, redemption fine cannot...View More

Liquidated damages not includible in transaction value; Concurs with United Telecom ruling 

CESTAT Larger Bench upholds non-inclusion of liquidated damages in transaction value of goods on delay in supply, as per terms of agreement; Interprets Sec 4 of Central Excise Act, subsequent reductio...View More

Interprets Rule 10, can't deny CENVAT credit for mere name change 

Mere change in company name without change in ownership, not ground to deny CENVAT credit to new unit; Rejects Revenue’s contention that assessee failed to obtain satisfaction of Asst. Commissio...View More