CESTAT Rulings


Captive power plant not separate undertaking under excise, IT Act not relevant 

Captive power plant in assessee’s factory to be considered as ‘part of factory’ for CENVAT credit availment, even where same treated as new industrial undertaking for Income tax purp...View More

EOU's exports before final debonding order eligible for duty relief 

No duty payable on goods exported by 100% EOU, even after granting of 'in principle' approval for debonding, but before grant of final debonding order; Goods exported under claim for Advance Authoriza...View More

Fabrication through hired labour amounts to 'manufacture' by Principal, Fabricators not 'manufacturers' 

Fabrication of trolleys and racks at assessee (Raymond Ltd)'s factory through hired fabricators amounts to 'manufacture'; Supply of all raw materials, consumables, designs and drawings by assessee ent...View More

EMI interest not liable to service tax, Relies on Art Leasing ruling 

No service tax on interest charges on EMIs under Banking and Financial Services; Sec 67 of Finance Act r/w Rule 6 of Valuation Rules as well as Circular dated September 17, 2004 does not contemplate i...View More

Sale price at ultimate depot, not all depots relevant for value computation 

Where goods sold from various depots, assessable value to be sale price prevalent at depot of ultimate sale, nearest to time of removal of identical goods from factory / refinery; Rejects Revenue...View More

Helicopter charter 'supply of tangible goods service', not 'air transport of passengers' 

Charter hire of helicopters to corporates for off-shore operations taxable as "supply of tangible goods service" u/s 65(105)(zzzj) of Finance Act; Rejects assessee's contention that services liable to...View More

Allows duty payment in subsequent month of inputs clearance, No interest leviable 

No interest on clearance of inputs as such, where CENVAT credit reversed / duty paid in subsequent month as per Rule 8 of Central Excise Rules; Rejects Revenue's contention that interest u/s 11AB of C...View More

Allows input service credit refund against supplementary invoices prior to April 2011 

CESTAT allows input service credit refund of additional tax against supplementary invoices of service provider, prior to April, 2011; Rejects Revenue's contention that during such period, 'supplementa...View More

Supply of ‘Fly ash’ generated as by-product, not 'Business Support Service' 

Activity of collection / transportation / supply of by-product ‘Fly ash’ to cement / asbestos companies at Govt specified rates, not “Business Support Service” (BSS); Fly ash d...View More

Allows capital goods credit used in plant assembly; Distinguishes Vandana Global ruling

Capital goods credit available on machinery, equipment, parts used in setting up of Oxygen Plant within factory premises; Accepts assessee’s contention that credit available on capital goods ass...View More