CESTAT Rulings


Remands for verifying export obligation fulfillment regarding DEEC claim; Quashes penalty on Manager 

CESTAT Bangalore remands the matter back to the Commissioner of Customs (Revenue) on finding that “any demand of duty will be pre-mature” as assessee’s request for grant of clubbing ...View More

No anti-dumping duty on import of mulberry raw silk; Grants refund 

CESTAT Chennai grants refund of anti-dumping duty on import of raw silk from China on finding the claim of refund to be within time limit of six months stipulated in Section 27 of the Customs Act, 196...View More

Refund admissible on construction services in respect of Bangalore International Airport prior to April, 2015 

CESTAT Chennai grants refund of service tax paid on invoices which were dated between April 01, 2015 to February 29, 2016 (relevant period) i.e. date of introduction of special provision relating to c...View More

Incentives/reimbursements/discounts received by dealers from car manufacturers not taxable as BAS 

CESTAT Delhi holds that amounts of incentives / reimbursements /discounts received by authorized dealers of Maruti Suzuki India Ltd (MSIL) cannot be held as ‘consideration’ for rendering a...View More

Milk procuring, chilling, pasteurisation, standardization, packing is ‘manufacturing’, not taxable as BAS 

CESTAT Delhi holds that activity of procuring raw material (milk) from suppliers and subjecting the same to the process of chilling, cut open of bulk packing, pasteurisation, standardization, and pack...View More

Commissioner to verify whether ‘input service’ under CCR & GST are peri-materia, before applying Safari Retreats ratio 

CESTAT Ahmedabad sets aside the Commissioner order disallowing the credit benefit on input service to Kohler India, finding that the “Commissioner in enthusiasm to apply Safari Retreats Ltd to t...View More

‘Upfront fee’ received by DMRC on ‘concession agreement’ taxable under ‘Renting of Immovable Property Service’ 

CESTAT Delhi upholds service tax demand on Delhi Metro Rail Corporation Ltd (DMRC) under "Renting of Immovable Property Service" for a portion of ‘upfront fees’ received for entering into ...View More

Secondment of overseas group co. expats by Daimler-India taxable; Absence of mark-up inconsequential 

CESTAT Chennai holds that assessee Daimler India (Host Company) is liable to service tax on seconded employees (transferees) of Daimler AG, Germany (Home Company) under the head ‘Manpower Recrui...View More

Adopting 'purposive interpretation', grants duty exemption/relief on Cepheid’s 'HIV-VL Test Kits' 

CESTAT Delhi sets aside denial of BCD, CVD exemption and 5% IGST on Cepheid India's import of HIV-VL load test kits [GenXperts®], by holding that these test kits being ‘life saving diagnosti...View More

Cannot invoke extended period after 5 years from non-payment basis presumption of evasion 

CESTAT Delhi quashes Show Cause Notice (SCN) creating demand of service tax on internet services noting that “show cause notice presumes that there was intent to evade payment of service tax mer...View More