CESTAT Rulings


CHA’s reimbursable expenses not taxable, follows SC's judgment in Intercontinental Consultants 

CESTAT Chennai allows assessee's appeal, quashing service tax demand on reimbursable expenses incurred by a Customs House Agent (CHA) in light of SC decision in Intercontinental Consultants and Techno...View More

No need for pre-show cause notice consultation where assessee does not cooperate; Affirms demand order 

CESTAT Delhi holds that once the assessee chose not to cooperate with the Department, the question of providing the pre-show cause notice consultation does not arise; Upholding the demand, alongwith p...View More

Tobacco manufacturer’s not liable to pay differential duty on idle packing machines 

CESTAT Kolkata quashes demand of differential excise duty on assessee, a manufacturer of zarda-scented tobacco, on the basis of increased duty rate during the time assessee’s packing machines (i...View More

Allows CENVAT credit on bought-out items supplied by Maruti Suzuki along with vehicles 

CESTAT Chandigarh upholds Commissioner’s finding that bought out items supplied by Maruti Suzuki (Assessee) are parts or accessories on which credit is admissible; SCN was issued denying CENVAT ...View More

CA certificate an “authentic piece of evidence”; Allows refund of duty paid ‘under protest’ 

CESTAT Delhi allows the refund claim of the amount deposited “under protest” during the pendency of the adjudication proceedings and investigation; Rejects refund rejection by Dept. on the...View More

Basis Assessee’s own case, rejects Revenue’s attempt to re-classify ‘inflatable party items’ 

CESTAT, Kolkata allows Assessee’s appeal rejecting Revenue’s attempt to re-classify ‘inflatable-party-items’ under CTH 9503 00 90 as opposed to the appropriate classification o...View More

Drops penalty absent suppression and wilful-mis-statement, sustains interest liability for delayed payment of SAD 

CESTAT Kolkata, while dealing with a batch of appeals filed by the Assessee ,CHA, and Revenue, confirms payment of interest due to delayed payment of special-additional duty on import of raw sugar, bu...View More

Disposing imported Vehicles as ‘scrap’ not akin to sale; Allows exemption to Religious Trust 

CESTAT Kolkata holds that disposal of vehicles which were imported without payment of duty by availing the exemption benefit vide Ad-hoc Exemption Order No. 336 bearing F. No. 460/6/95-Cus.V dated Dec...View More

Following settled precedents, sustains Assessee’s classification of multimedia-speakers under CTH 8518 

CESTAT Kolkata allows Assessee’s appeal classifying imported multimedia speakers/computer speakers under CTH 851822/851829 declared by the Assessee as opposed to Revenue’s classification u...View More

E-rickshaw parts exempt from duty, classifiable as ‘parts, spares of motor vehicle’ 

CESTAT Kolkata classifies components and parts of Electric Tricycles / E-Rickshaw under CTH 87089900 ‘parts and spares of motor vehicles’ as opposed to classification favored by Revenue un...View More