CESTAT Rulings


Export goods not 'exempt'; Allows capital goods credit 

Export goods not ‘exempt’ goods; Capital goods credit can be availed for manufacture of export goods; Credit not exclusively used for manufacture of ‘exempted goods’ where capi...View More

Services in Continental Shelf & Exclusive Economic Zone not taxable pre- 2012 

Pre-construction services i.e seismic survey, core analysis, well bore survey, exploration etc. provided & consumed in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), before Ju...View More

Refund allowed to manufacturer-exporter though exports made through merchant exporter 

Service tax refund claim allowed to manufacturer-exporter, on exports made through merchant exporter; Rejects Revenue's contention that refund not available when goods exported through merchant export...View More

Letting property to Café not taxable as BAS; Amounts to normal 'renting' 

Agreement to let out immovable property to run 'Cafe Coffee Day' (CCD), not taxable under "Business Auxiliary Service" (BAS), even though underlying agreement titled as 'Franchisee Agreement'; Providi...View More

Financial restructuring advisory services taxable as 'management consultancy services' pre-2001, BOFS thereafter 

Financial restructuring & divestment advisory services taxable as “Management Consultancy Services” (MCS) pre-July 2001; Rejects assessee’s contention that such services taxable ...View More

No duty on optional accessories not supplied with vehicles; Follows Bajaj ruling 

Value of optional accessories in 3- wheelers i.e. jack assembly, rear visual barrier and carpets, not supplied at the time of clearance of vehicles from factory, not includible in 'Assessable Value'; ...View More

Credit note subsequent to sale cannot overcome 'unjust enrichment'; Denies duty refund 

CESTAT rejects Videocon's excise duty refund claim on higher discounts offered by depot than those offered at factory; Subsequent issue of credit notes to customers to pass duty burden cannot help ove...View More

General MBA course not 'vocational training' by "any imagination", denies ST exemption 

CESTAT denies 'vocational training' service tax exemption to Post Graduate Diploma in Management (PDGM) course; 100% employment / self-employment not decisive to determine whether Course or Institute ...View More

Absent upgradation, software maintenance taxable as 'repair' service, Distinguishes SAP India ruling 

CESTAT upholds service tax on software maintenance services under category of "Maintenance or Repair Service" u/s 65(64) of Finance Act; Rejects assessee's contention that such service classifiable un...View More

Mandatory 'donation' on hall booking falls within service tax net, Upholds penalty

Donation received towards booking of hall for social functions includible in gross amount of "mandap keeper services"; Rejects assessee's contention that donation cannot be construed as 'consideration...View More