CESTAT Rulings


Waste of Pulses cleared by SEZ to DTA classifiable as ‘dried leguminous vegetables’; Quashes demand 

CESTAT Ahmedabad upholds assessee’s (SEZ) classification of ‘waste of pulses’(i.e. offspecs pulses, broken pulses, bhushi/ bhuki mixed with impurities/ pulses) waste under heading 07...View More

Value of free inputs received from Principal includible in assessable-value of job-worker's clearance 

CESTAT Allahabad upholds the differential central excise duty demand on the value of goods received by a job worker from the principal manufacturer free of cost for manufacturing intermediate goods; O...View More

Marketing support services by Nokia India to Finland HQ qualifies as 'export’ 

CESTAT Delhi sets aside demand of service tax under ‘Business Auxiliary Services’ (BAS) rendered by Nokia India (Assessee) to overseas counterpart (Nokia Corporation, Finland) on finding t...View More

Trade discounts/incentives given by Tata-Motors to dealers not liable to service-tax 

CESTAT Ahmedabad drops demand of Service Tax imposed on trade discounts and incentives given by Tata-Motors Ltd. (TML) to the Assessee-Dealer classifying the transaction to be a ‘sale’ and...View More

Allows CENVAT on deposit insurance paid to DICGC; Kerala HC decision "attained finality" 

CESTAT Mumbai allows twin appeals filed by Citizen Credit Co-op Bank (Assessee) permitting CENVAT Credit availment of service tax paid on deposit insurance to ‘Deposit Insurance and Credit Guara...View More

Extended limitation uninvokable for demands based on ST-3, Form 26AS, balance sheet differences 

CESTAT Kolkata holds that the extended period of limitation is not invokable to raise service tax based on the discrepancy between the ST-3 return and the balance sheet, Profit & Loss Account and ...View More

Revenue’s challenge against refund arising out of finalized assessment order ‘infructuous’ 

CESTAT Ahmedabad in favour of Reliance Industries Ltd (assessee), holds that  after the “final assessment order which is undisturbed attained finality and refund has arisen out of such orde...View More

Allows refund to 100% EOU on surgical gloves sterilization undertaken at job-worker's premises

CESTAT Chennai in a batch of appeals sets aside rejection of refund claim on activity of sterilization on finding that the interpretation adopted by Revenue by taking into account ‘pre or post e...View More

Credit on returned inputs per rules, cannot be faulted; Quashes clandestine clearance charge 

CESTAT Kolkata quashes the charge of clandestine clearance and suppression against a manufacturer (of Cable Filling Compound) availing credit on the return of goods/input returned for deficiency, afte...View More

Rules on classification of Personnel Carrier Mining Service Vehicle & Dump Truck 

CESTAT Kolkata upholds the classification of Personnel Carrier Mining Service Vehicle under CTH 84295100 and of Dump Truck (Underground mining) under CTH 84295900; Dismisses differential duty demand @...View More