CESTAT Rulings


Grants refund to Microsoft-India on account of service exports; Observes satisfaction of triple test 

CESTAT Chandigarh grants refund to Microsoft- India (Asessee) classifying market support services provided to Microsoft-Singapore as ‘export of services’ as per the definition; Observes sa...View More

Amino acids, whey-protein-powder classifiable as ‘protein concentrates’; Dismisses Assessee’s appeal 

CESTAT Delhi dismisses Assessee’s appeal challenging the classification of amino acids, whey-protein under CTI 2106 90 90 with the heading ‘protein concentrates and textured protein substa...View More

Demand by inclusion of trade discount in transaction value as additional consideration unsustainable 

CESTAT Mumbai quashes the excise duty demand on Mahanagr Gas Ltd (assessee) by inclusion of ‘Trade discounts’ received from bulk purchasers in the transaction value as additional considera...View More

Quashes extended-period demand on Amusement Park, cites assessee’s bona fide belief of exemption 

CESTAT Kolkata quashes demand in the extended period w.r.t running of Amusement Park finding no willful suppression of facts to evade tax, as there was no allegation that the assessee collected servic...View More

Sizing and packaging to make product ‘marketable’, amounts to manufacture; Quashes demand 

CESTAT Kolkata rules that the processes of sizing and packaging of products like Ferro Manganese, FerroSilicoManganese, Hydrochlorofluorocarbons (FeMn/Fe-Si-Mn/HCFC) amount to ‘manufacture&rsquo...View More

Physical and Downloaded Software sold by Tally India not ‘Service’; Drops demand 

CESTAT Bangalore drops demand of Service tax on physical and downloaded software imported and sold by Tally-India (Assessee), as the software satisfies all the attributes of being classified as &lsquo...View More

HDFC Bank eligible to credit on DICGC insurance service, brokerage for underwriting G-Sec 

CESTAT Mumbai allows HDFC Bank’s appeal, ruling that insurance premium paid to Deposit Insurance Credit Guarantee Corporation [DICGC] and commission/brokerage paid to brokers for underwriting Go...View More

For pre-July, 2009 work-contract, no demand by including free materials in assessable value 

CESTAT Kolkata quashes the demand for service tax on the inclusion of free supplied materials in the assessable value, observing that since the works contract and invoices were raised before July 7, 2...View More

Test report of unequipped Customs lab for classifying ‘Calcite Powder’ as ‘Calcium Carbonate’ unacceptable 

CESTAT Ahmedabad rejects Revenue’s classification of Assessee’s imported ‘calcite powder’ as ‘calcium carbonate’ under CTH 28365000, noting that the classification ...View More

Service tax already paid by supplier cannot be recovered from recipient 

CESTAT Ahmedabad rules that service tax cannot be recovered twice on the same service upon which the service provider has already discharged the tax, even when the same was statutorily due from the se...View More