CESTAT Rulings


Classifying ‘Propylene' needs purity level, contending classification determination per SC's guidelines; Remands matter 

CESTAT Mumbai allows BPCL’s ( Assessee) appeal regarding the classification of 'Propylene (propene)' produced during the distillation of crude petroleum, by way of remanding the matter to origin...View More

Grants refund to Nokia accepting CA certificate; Sets-aside order directing deposit in CWF 

CESTAT Delhi sets aside order directing Nokia (Assessee) to deposit sanctioned refund into consumer welfare fund (CWF) u/s-27 of Customs Act on the premise that, the incidence of duty has been passed ...View More

Disallows EOU's iron ore wastage as ‘handling losses' sans SION norms from Development Commissioner, DGFT 

CESTAT Bangalore upholds the demand of excise duty on 100% EOU’s unexplained shortages/waste of iron ore on grounds that neither the Development Commissioner nor the DGFT have fixed any SION nor...View More

Quashes demand on erection, commissioning & installation when included in goods ‘sale value’ 

CESTAT Ahmedabad quashes service tax demand on the provisions of erection, commissioning and installation of the textile machinery at the customer’s site, finding that same forms part of the &ls...View More

Upholds demand on exporter for fraudulently claiming export incentives by mis-declaring goods' origin country 

CESTAT Kolkata dismisses the appeal of a merchant exporter (Assessee) who, between 2010-11 and 2013-14, imported Bangladeshi B-twill Jute bags and falsely claimed export incentives (DEPB/Drawback) by ...View More

Zero Air not 'compressed air', attracts duty; Favours Revenue's ‘Synthetic Air' classification 

CESTAT Bangalore accepts classification of ‘Zero Air’ by Revenue, holding that ‘Zero Air’ is ‘Synthetic Air’ and not ‘Compressed Air’ under Chapter Sub-...View More

Recipient can file refund within its jurisdiction regardless of supplier’s location: Third Member resolves conflict 

CESTAT Mumbai (Third Member) rules that the person who bears the service tax (service recipient) can file for a refund within their jurisdiction, and the Revenue cannot insist the filing at the servic...View More

Drops demand on freight charges collected for delivery to buyer’s premises 

CESTAT sets aside the decision of Commissioner holding buyer’s premises as “place of removal”; Noting that SC decision “covers all the aspects of this issue”, holds that ...View More

Rejects application for fixing special rate of duty on limitation 

CESTAT Kolkata upholds rejection of application for fixing special rate of duty on the ground of being time-barred; Goes by conditions in Notification No. 20/2007 dated April 25, 2007 and clarifies th...View More

Allows CENVAT-credit refund of service tax paid on flat-booking amounts cancelled subsequently 

CESTAT Mumbai permits refund of CENVATcredit of service tax paid on booking amounts received from customers on cancelled residential flats; Notes that...View More