CESTAT Rulings


Software development or internet consultancy requiring significant human intervention, not OIDAR services 

CESTAT Delhi holds that the “service of developing softwares/websites or consultancy on internet which require too much of human intervention” is not merely of accessing or retrieving onli...View More

Assessee in-capacity to prove work orders execution with materials; Remands to probe exemption eligibility 

CESTAT Kolkata quashes the demand of service tax under the category of ‘Commercial or Industrial Construction Service’ and allows assessee’s appeal by way of remand, upon noticing th...View More

Waives penalty on petty-contractor due to lack of service tax knowledge 

CESTAT Allahabad waives penalty imposed on assessee (a petty contractor) u/s 80 of the Finance Act, 1944, highlighting errors by lower authorities that despite agreeing with assessee submission regard...View More

Cross-utilisation of CENVAT credit from manufacturing activity for payment of service tax permissible 

CESTAT Delhi holds that assessee can cross-utilised the CENVAT credit pertaining to the manufacturing activity for payment of service tax; Refers to Rule 3 of CCR, 2004, to clarify that “Once cr...View More

Infrastructure-sharing by Hospital with Diagnostic Service Providers in revenue-sharing model outside BSS scope 

CESTAT Chandigarh quashes demand on OP Jindal Institute of Cancer and Research under the head ‘Business Support Services’ for sharing revenue with certain Diagnostic Service Providers (DSP...View More

Transfer of Goodwill of Business different from Trademark, not taxable as IPR service 

CESTAT Delhi holds that income received as ‘license fee’ by assessee (Remfry & Sagar Consultants/R&S Consultants), fundamentally requiring the continuity of 173 years old practice,...View More

Classifies Capacitors, Bare PCB for AC, remote manufacturing under CH 85; Prioritizes specific headings over GIR 

CESTAT Ahmedabad upholds the classification of 15 imported components used for manufacturing of ‘Main PCB of A.C.’ or ‘Remote Control’ under various heading of Chapter 85 such ...View More

Allows manufacturer SSI exemption with clearance value under Rs. 7.5 lakhs, after excluding goods cleared for Govt Scheme 

CESTAT Delhi allows assessee who is manufacturing soya nuts and wheat puff and supplying most of them for Integrated Child Development Scheme (ICDS), to avail SSI exemption under Notifications Nos. 17...View More

Conducting clinical trials for international pharmaceutical companies qualifies as ‘export’ 

CESTAT Ahmedabad holds that service of clinical trial on drugs for the foreign service recipient is ‘export of service’ and not taxable, therefore, quashes demand; Assessee is engaged by v...View More

Cutting, labelling, packaging of V-belts amounts to ‘manufacture’; Quahses CENVAT-credit recovery 

CESTAT, Mumbai allows CENVAT credit on cutting, labelling, relabeling, packaging, repackaging of Transmission belts, conveyor belt, trimming belt, construing the said activity as ‘manufacture&rs...View More