CESTAT Rulings


No service tax on free supplies by service recipient for construction service 

Value of goods / material supplied 'free of cost' by service recipient for services of "construction of commercial or industrial complex" not includible in computation of taxable value; Such value nei...View More

Employee insurance mandatory, Tax credit available on group insurance premium 

Allows input service credit on group insurance / mediclaim / life insurance policy premium for assessee’s employees; Provision of insurance to employees being mandatory under Sec 38 of Employees...View More

Food supplied at clients' canteen constitutes outdoor catering, Distinguishes Rajeev Kumar ruling 

CESTAT upholds service tax on food provided to clients’ employees at their premises under “outdoor catering services” u/s 65(41)(n) r/w Sec 65(24) and 65(76a) of Finance Act; Fixing ...View More

Invalidates refund granted solely on buyer's letter, Warrants verification of documentary evidence

Sets aside Appellate Commissioner’s order allowing refund of excess duty under Sec 11B of Central Excise Act, consequent to retrospective price reduction in terms of agreement; Sole reliance on ...View More

Sales Office not merely for 'sales', Allows credit on renting services 

Allows input service credit of "renting of immovable property service" in respect of assessee's sales office; Rejects Revenue's contention that sales office has no nexus with assessee's manufacturing ...View More

Grants partial respite to HSBC on Rs. 110 Cr refund matter 

Grants partial respite to HSBC against CENVAT Credit refund claim of Rs 110 Cr, for the period Dec 2005 to Sep 2011; Remand of assessee’s appeals by Appellate Commissioner beyond its powers and ...View More

Exempted waste clearance not 'conscious' manufacture, Allows credit on common input/input services

Allows credit of GTA services and lubricants used in manufacture of final product, viz. sponge iron though waste from inputs cleared absent duty; Rejects Revenue's contention that iron ore and coal fi...View More

Duty payment on intermediate goods equals credit non-availment, Allows concessional duty benefit 

Grants benefit of concessional 1% duty on final products, where excise duty on intermediate product paid; Discharge of duty on intermediate goods as good as non availment of CENVAT credit on inputs; R...View More

Allows credit to job-worker on input services, Follows LB's Sterlite Industries ruling 

Allows input service credit of Manpower Recruitment / Supply Agency services to job-worker, despite removal of goods absent excise duty; Rejects Revenue's contention that job-worked goods being exempt...View More

Order date relevant, not communication for refund, Distinguishes SC's Mafatlal ratio 

Rejects excise duty refund claim filed pursuant to Tribunal’s order, as being time barred; Period of limitation must be counted from “relevant date” i.e. date of Tribunal’s ord...View More