CESTAT Rulings


Provision of cold storage facility a 'C&F' service; Demand hit by limitation 

Provision of cold storage facility pursuant to Clearing & Forwarding agreement taxable under ‘Clearing & Forwarding’ services; Perishable nature of frozen products necessitates sto...View More

Excise duty paid on non-receipt of goods refundable without recourse to CENVAT credit 

Upholds excise duty refund on receipt of goods removed for testing purpose, beyond stipulated time limit in terms of Rule 16C of Central Excise Rules, 2002; Rejects Revenue’s contention that ass...View More

Denies input duty refund on export of exempt goods; Distinguishes own ruling 

Rejects refund of duty paid on inputs used in manufacture and export of peanut butter, an exempted product; Refund not available as credit inadmissible against exempted final product in terms of Rule ...View More

Sale of space/time an "advertising agency" service, Distinguishes Euro RSCG ruling 

CESTAT upholds activities in relation to sale of space/ time as 'advertising agency' services; Board Circular prima facie conveys an implication that mere sale of space / time would not constitute as ...View More

Denies input service credit relating to employees' residence; Distinguishes AP HC ruling

CESTAT upholds denial of CENVAT credit on erection, commissioning and installation, man power recruitment and civil construction services utilized outside factory for welfare of employees; Refuses to ...View More

Rate fixation for third party vendors, a 'commission agent service' not 'C&F'

Fixing of rates of picture tubes with suppliers for third party vendors constitutes "Commission Agent" services and not "Clearing & Forwarding Agency" services; Core activities of taking custody, ...View More

Treats bundled O&M services as Business Auxiliary Services not 'BSS'

Bundled services in relation to Spot Billing Centers for Electricity Company constitute ‘Business Auxiliary Services' and not ‘Business Support Services'; Rejects assessee’s contenti...View More

Tax payment date irrelevant; Denies refund claim on exports after 60 days

Denies refund of service tax paid on commission to overseas agent for export of goods under reverse charge mechanism; Claim time barred since it was submitted after 60 days from date of export; Date o...View More

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