CESTAT Rulings


Third-member upholds garment manufacturer's eligibility to CENVAT on various services availed at retail-outlets 

CESTAT Allahabad (Third Member) upholds the Judicial-Member view that manufacturer of branded garments (Assessee manufacturing goods under the brand name 'Lacoste') will be eligible for CENVAT credit ...View More

Amount spent for 'own' COSTA outlet promotion/advertising not taxable as 'franchise service' 

CESTAT Delhi holds that advertisement amount spent by Assessee towards its own (Costa/ IFHL) outlets is not includible in the taxable value of Franchise Services by treating the same as non-monetary c...View More

Upholds demand on Manpower-Services; Cites assessee’s ‘greater responsibility’ in self-assessment era 

CESTAT Delhi upholds demand of 100% service tax on “Manpower Services” under the Reverse Charge Mechanism alongwith interest and penalty in the extended period, observing that assessee has...View More

CENVAT-credit available on GTA services where freight charges are included in assessable value 

CESTAT Ahmedabad holds that assessee is entitled for CENAT-credit on outward GTA service used in connection with clearance of excisable goods namely cement from their factory premises to buyer premise...View More

Rules on classification of ‘Glass-Lid’; Specific entry prevails over general 

CESTAT Ahmedabad allows twin appeal filed by the Assessee classifying “G Type Tempered Glass Lid” under CTH -7010 rejecting Revenue’s classification under CTH- 7013 by observing, &ld...View More

Allows CENVAT credit on inputs transferred from one unit to another basis relevant documentation 

CESTAT Bangalore quashes denial of CENVAT credit by clarifying that ‘merely because necessary permission has not been obtained for clearance of finished goods on payment of duty from one unit of...View More

Quashes demand against Hindustan Aeronautics on book-entries/disclosures made as per Ind AS 

CESTAT Allahabad holds the order upholding demand of service tax under reverse charge on amounts indicated in the trial balance towards the amortization disclosure required to be made by Hindusta...View More

No CENVAT Credit denial for merging debonded EOU into DTA unit 

CESTAT Ahmedabad holds that CENVAT credit cannot be denied under Rule 10 of CCR when a debonded EOU merges into a DTA unit, as this rule applies only to the shifting of manufacturing units, and the tr...View More

‘Hand Tools Digging Spade with Handle’ not ‘Pick Mattock’; Allows importer to take DEPB benefit 

CESTAT Ahmedabad confirms that the ‘Digging Spade' with a metal part and wooden handle, imported by the assessee under BoE, is correctly classified under CTH No. 82011000 as ‘Hand Tools Di...View More

DM Water captively produced & consumed in assesse’s own factories exempted from excise duty 

CESTAT Ahmedabad quashes duty demand @ 16% adv on Demineralized (DM) water, finding it classifiable under heading 2201 as ‘natural water even if filtered, sterilized, purified or softened’...View More