CESTAT Rulings


Tax levy on 'immovable property renting' no longer contentious; Directs pre-deposit 

CESTAT rejects stay application against service tax demand under ‘renting of immovable service’; Since vires of levy on renting services upheld by Delhi HC’s full bench in Home Solut...View More

Refund of services received before registration unavailable; Karnataka HC's mPortal ruling inapplicable 

CESTAT rejects refund of input services received by branch office before date of centralised registration, against export of service; Facility of centralised registration being a special facility unde...View More

Service tax discharge by main contractor doesn't absolve sub-contractors' obligation to pay 

Sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently, as per Finance Act provisions; Rejects assessee’s cont...View More

'Transaction value' below production cost between interconnected undertakings hit by Fiat ratio 

CESTAT rejects transaction value less than production cost on sale of electrical distribution boards to related person; Determination of quantum of production and sale price of manufactured goods, pro...View More

Cricket promotion not a charity, Vidarbha Cricket Association liable under 'Club' service 

CESTAT Third Member upholds service tax demand on Vidarbha Cricket Association under 'club or association service' u/s 65(105)(zzze) r/w Sec 65(25a) of Finance Act, 1994; Rejects assessee's contention...View More

Raw material processing on job-work amounts to 'manufacture', not 'BSS' 

Processing of raw material supplied by principal being 'manufacture', cannot be subjected to service tax under 'Business Support Service' (BSS); Accepts assessee’s contention that processing act...View More

Upholds tax on tour organising through hired vehicles under 'tour operator services' 

CESTAT upholds service tax on tours organised by hiring tourist vehicles, u/s 65(105)(n) r/w Sec 65(52) of Finance Act during the period 2000-02; Rejects assessee's contention that only persons having...View More

Rejects 'captive value' for excise duty on promotional packs, 'Transaction value' appropriate 

Products supplied as free promotional samples must be valued based on 'transaction value' for excise duty payment; Method specified under Rule 4 based on value of identical/similar goods cleared for s...View More

Subsequent excise duty exemption no bar to balance capital goods credit entitlement 

CESTAT allows balance capital goods credit in subsequent financial year as per Rule 4(2) of CENVAT Credit Rules (CCR), despite final product being exempt during said period; No condition in Rule 4(2)(...View More

No service tax on outbound tours, deems it "extra-territorial" operation 

Consideration received for operating & arranging outbound tours, even if falling within scope of amended definition of tour operator, not liable to levy and collection of service tax; Provisions o...View More