CESTAT Rulings


CESTAT distinguishes Maruti ruling; After-sale-service payment not an 'additional consideration'

Amount paid by Royal Enfield Motors to dealers for After Sale Service (ASS) and Pre-Delivery Inspection (PDI) of vehicles cannot be treated as "additional consideration" to levy ...View More

Customs Dept can't challenge DGFT's powers to issue import licenses

No powers to Customs Dept to challenge validity of import license issued by DGFT; DGFT had allowed imports while Customs authorities held imports as invalid; DGFT has final authority in matters pertai...View More

No ST on job-work, exemption on final products of EOU not unconditional  

Electroplating of connector components on job work basis for EOU being ‘manufacture’, not classifiable as Business Auxiliary Service; Alternatively, assessee eligible for service tax exemp...View More

Holds manufacturer as seller & not job-worker, rejects Revenue's undervaluation claim

Assessee not engaged in "job work" as agreement clearly implies buyer-seller relationship; Rejects Revenue's argument and holds that supply of moulds per-se by buyer does not constitute job work; Asse...View More

Sale at own accord for principal, a 'commission agent service' not 'C&F'

Sale of goods under own invoice to independent customers on behalf of principal manufacturers, constitutes 'Commission Agent Services'; Unlike Commission agents, Consignment / Clearing and Forwarding ...View More

After BCCI, holds IPL team sponsorship not liable to service tax

Sponsorship of Delhi Daredevils team at IPL T-20 Tournament (2008-2010) by Hero Motocorp not liable to service tax; Sponsorship is for T-20 'sports event' and not for BCCI / IPL or GMR (team owner); S...View More

Repair services without contract liable to tax, Rejects reliance on CBEC Circular

Manufacturer bound to pay service tax on repair services irrespective of a written agreement; Assessee’s own interpretation of taxing statute prone to gross misinterpretation of liability as wel...View More

IPL a "sports" event, Sponsorship fees out of service tax levy

Sponsorship fees paid by DLF and Hero for IPL matches (during 2008-2010) not liable to service tax; IPL cricket games held as 'sports event' and covered within exclusions of Sec. 65(105)(zzzn) from le...View More

No powers to Appellate Commissioner to review discretionary order passed u/s 35F 

No provision present in Excise law authorizing Appellate Authority to review order passed exercising discretion u/s 35F; CESTAT upholds order of Commissioner (Appeals) rejecting application for modifi...View More

Grants relief to KPMG, allows CENVAT credit on input services 

CESTAT allows CENVAT credit of ‘management, maintenance or repair services’, ‘employee medi-claim services’, ‘rent-a-cab services’ and ‘car parking services&r...View More