CESTAT Rulings


Sodexo vouchers not akin to debit cards, taxable as 'BAS' pre-2006 

CESTAT upholds service tax on charges collected towards Sodexo meal / gift vouchers from affiliate restaurants, other establishments under "Business Auxiliary Service" (BAS) w.e.f July 1, 2003 (as ame...View More

Follows HC ruling in Cadila, Allows CENVAT credit for courier services 

CESTAT allows CENVAT credit on courier services used for despatching business documents beyond place of removal of goods; Such services being in or in relation to manufacture, covered under inclusive ...View More

Utilising education cess to pay excise duty amounts to credit mis-utilisation 

Payment of basic excise duty (BED) by transfer of Education Cess and Secondary and Higher Education Cess credit, amounts to wrong utilisation of credit; Such irregular utilization of credit, though re...View More

LNG import through chartered vessels "deemed sale", not "tangible goods supply" service 

Charter of tankers / vessels for liquified natural gas import from abroad a “deemed sale”, not taxable as “supply of tangible goods for use” (STGU) service u/s 65(105)(zzzzj) o...View More

Rejects contract split; Cargo unloading, barging activities at port taxable under CHS

Activities of stevedoring, unloading cargo from ship to barges and then to trucks/rails a composite activity, taxable under “Cargo Handling Service” (CHS);  Rejects assessee's  s...View More

Allows DEPB shipping bill conversion into drawback, Revenue's 7 years inaction intolerable 

CESTAT allows conversion of DEPB shipping bill into Drawback shipping bill, as per Rule 12 of Drawback Rules; DEPB shipping bill requires higher amount of rigour as compared to drawback shipping bill;...View More

SAD exempt on 'stock transfer' from EOU to DTA; Distinguishes Moser Baer ruling 

Special Additional Duty (SAD) exemption granted under Notification No. 23/2003 dated March 31, 2003, on stock transfer from EOU to DTA unit; Rejects Commissioner’s findings that all such cases w...View More

Allows relief to VW, Employee secondment not 'manpower supply' service 

No service tax attracted under 'manpower recruitment or supply agency service' (MRS service), where global employees as identified/assigned by holding/foreign company, recruited by Indian entity; Ther...View More

Grants Rs. 526 Cr respite to ESPN, Receipt of channel distribution rights not import 

Grant of 'TV channel distribution rights' and sale of 'Advertisement Time inventory' by foreign based broadcasters to ESPN India and Turner India, not taxable as import of 'broadcasting agency service...View More

Refund permissible only u/s 11B, Other assessee's favourable decision not relevant 

Disallows refund claims filed beyond period of limitation u/s 11B of Excise Act on the basis of favourable decision in another assessee’s case (i.e. Indian National Ship Owners Association); Acc...View More