CESTAT Rulings


No refund of service tax paid under RCM in GST era, post discovery of suppression 

CESTAT Allahabad disallows carry forward of un-utilized CENVAT credit into GST regime on finding that the amount paid by assessee under reverse charge mechanism (RCM) on certification services, Legal ...View More

Liquidated damages receipts not towards any service; Quashes demand u/s 66E of Finance Act 

CESTAT Hyderabad dismisses demand of service tax on account of liquidated damages (LD) received from their vendor/contractor, finding that “LD/penalty cannot be considered as receipts towards an...View More

Sets-aside Rs. 44 crores demand on additional telecom license-fee consequent to SC-judgment interpreting AGR 

CESTAT Chandigarh drops service tax demand amounting to Rs. 43 Crores (approx.) on license fees/spectrum fees paid by the Assessee (a telecommunication company) who was a licensee in respect of 21 lic...View More

Interest on two-wheeler loan by NBFC not classifiable as ‘Financial Leasing’ service 

CESTAT Kolkata rules that ‘interest income’ earned by assessee, a Non-Banking Finance Company (NBFC) on provision of two-wheeler personal loans and microfinance loans to their customers wi...View More

Cannot revoke Customs Broker’s license without giving cross-examination opportunity; Remands matter 

CESTAT Hyderabad quashes the order of Principal Commissioner revoking Customs Broker License, on basis that Revenue denied the opportunity to cross-examine witness whose statement aided in issuing the...View More

Trade Incentives/discounts received by authorised auto dealer, part of vehicle sale-purchase; Not taxable 

CESTAT Delhi holds amount of incentives and discounts, reimbursement extended by Maruti Suzuki India Ltd (MSIL) to its authorised dealer, for sale-purchase of vehicle, cannot be treated as considerati...View More

Penalty on Company’s MD only if conscious attempt is towards duty evasion 

CESTAT Delhi sets aside penalty levied on the managing director of a MMTC-Pamp India Pvt. Ltd. u/s 112(a)(ii) of the Customs Act, for lack “conscious attempt to evade payment of duty”; Not...View More

Penalty for offences under Central Excise Rules, applies to living person, not body corporates 

CESTAT Kolkata holds that penalty under rule 26(2) of the Central Excise Rules, 2002 cannot be imposed on artificial entities like Limited Companies / Private Limited Companies, but can only be impose...View More

Quashes demand on residential complex construction services that are 'composite' in nature 

CESTAT Chennai drops demand between the period 2005 to 2010 on Promoter (Assessee), who has used all the materials like cement, steel, wood and bricks for construction of residential complex service w...View More

Citing unambiguous IGST-notification, rules on rate applicable on lithium-ion batteries imported by Samsung 

CESTAT Delhi rules that, lithium-ion batteries imported by Samsung India when used for manufacture of mobile phones would attract 12% IGST upto March 31, 2020 (covered by entry at Serial No. 203 of Sc...View More