CESTAT Rulings


‘Merely invoking’ extended-period sans ‘positive act’ of suppression against settled principles 

CESTAT Delhi quashes order seeking to recover CENVAT credit, service tax demand as also interest and penalty on payment made to commission agents on export of goods for period under dispute (September...View More

Ex-Servicemen Welfare Co-operative Society eligible for 75% tax exemption on manpower recruitment service 

CESTAT Delhi holds that Assessee, a Ex-Servicemen Welfare Co-operative Society providing manpower recruitment services, is eligible for benefit under Notification No. 30/2012 (Notification) which exem...View More

Importer eligible for excess duty refund if Ex-bond BoE delay resulted from ICEGATE error 

CESTAT Chennai dismisses Revenue’s appeal, upholds the Commissioner (A)'s order refunding the assessee 10% excess duty paid on Split AC imports, as increased by Notification No. 67/2018, during ...View More

Demand confirmation once assessee fulfils EOs, obtains discharge-certificate from DGFT, 'bad-in-law' 

CESTAT Kolkata holds that after assessee fulfilled its export obligation (EO) under the Advanced Authorization (AA), obtained an Export Obligation Discharge Certificate (EODC) from DGFT, confirming a ...View More

Absent ‘service’, demand of service-tax on reimbursable expenditure incurred on behalf of group company unsustainable 

CESTAT, Mumbai allows Assessee’s appeal dropping the demand on reimbursable expenditure incurred on behalf of group companies by harping on the crucial facet of providing or agreeing to provide ...View More

Quashes refund rejection citing credit under the old Credit Rules is eligible 

CESTAT Delhi quashes rejection of refund claim on twin grounds of ‘limitation’ and absence of ‘unjust enrichment’ as amount involved is towards the credit; Assessee paid servic...View More

Classification during self-assessment does not prevent assessee from challenging it during reassessment proceedings

CESTAT Chennai holds that despite assessee initially paying the tax under ‘Consulting Engineer’ service after self-assessment, it “will not bar them from challenging the same, m...View More

Supplying vehicles on hire to GTA with effective control/possession is outside service tax ambit 

CESTAT Delhi holds that providing vehicle/trailers on hire to Goods Transport Agencies (GTAs) is “out of scope of the service tax net” as same is “transfer by way of hire/rent of his...View More

Upholds appeal rejection for delay of more than 12 months 

CESTAT Delhi upholds the order of Commissioner (A) rejecting the appeal of assessee on ground of delay where delay in filing the appeal was more than 12 months from the date of receipt of order-in-ori...View More

Henna Paste manufactured from powder using oil, eligible for exemption benefit 

CESTAT Delhi sets aside the order of Commissioner (A) which denied the exemption benefit as per Notification No. 12/2012-CE (as amended by Notification No. 12/2013- CE) to the assessee-manufacturer wh...View More