CESTAT Rulings


Transfer of Independent business in slump sale, that was already servicing buyer, qualifies for exemption 

CESTAT Ahmedabad holds that sale by the assessee of an identified part of its Business as a Going Concern and as a Slump Sale as defined under Section 2(42C) of the Income Tax Act 1961, does not amoun...View More

Sales-support, product-warranty services by Microsoft-India to MS Corp not Intermediary; Allows refund 

CESTAT Bangalore grants refund of unutilized CENVAT Credit amounting to more than Rs 16.84 Crores (approx.) to Microsoft-India (Assessee) rejecting Revenue's classification of Assessee&...View More

Grants interest on refund, after 3 months from date of application till sanction 

CESTAT Ahmedabad holds that assessee is entitled to interest on the sanctioned refund from three months after the date of application, as per the settled legal position under Section 11BB of the Centr...View More

Basis Asseessee’s admission during audit, upholds demand on manpower-supply; Rejects Revenue-neutrality argument 

CESTAT Delhi dismisses assessee’s appeal challenging demand of service tax on manpower supply liable to be paid under RCM noting assessee’s admission to pay the same during audit; Rejectin...View More

Discount by Indentor/ Distributor/ Dealer on ‘own account’ not ‘commission’ 

CESTAT Ahmedabad holds that 55% discount including additional discount given to sole marketing agent Jyoti Pumps & Electricals by assessee in excess of other buyers for their own purchases is &lsq...View More

Following CBIC-Circular, upholds refund of service-tax on ocean freight to Adani-Wilmar 

CESTAT Ahmedabad dismisses Revenue’s appeal challenging the refund allowed by Commissioner (Appeals) based on Entry-10 of Notification No. 26/2012- S.T., dated 20-6-2012 that grants exemption on...View More

Prevailing gold import tariff rate applies if new notification revising rate is published later 

CESTAT Hyderabad quashes the demand of deferential duty on import of gold on the basis of Notifications revising the tariff value to USD 472 and USD 459 per 10 grams on the dates the bills of entries ...View More

Handling charges included in sale value of car with VAT paid exempted from service tax 

CESTAT Ahmedabad holds that handling charges collected by a car dealer (assessee, a dealer of Maruti Suzuki) from the customers at the time of sale of car and on which sales tax/VAT is discharged, wil...View More

Quashes Rs. 100+ Cr demand against BPCL on 'intermixed' SKO; Interprets 'for-use' as ‘intended-to-be-used' 

CESTAT Mumbai quashes recovery of excise duty demand on Special Kerosene Oil (SKO/goods) in the event of intermixing through pipeline transfer on finding that ‘intended use’ of goods is fo...View More

Quashes demand on lease charges owing to non-transfer of effective control of ‘plant’ 

CESTAT Ahmedabad quashes service tax demand on ‘lease charges’ for supply of power generating equipment/gas genset (‘plant’) on finding that effective control of gas genset are...View More