CESTAT Rulings


Credit distribution by HO as ISD to single manufacturing unit in order; Sets-aside demand 

CESTAT, Ahmedabad sets-aside entire demand based on allegation of distribution of credit by Head Office (HO) as Input Service Distributor (ISD) to assessee’s single unit [at Athal (Silvassa)] an...View More

Components for boosting Smart Education classifiable as 'Teaching Aids', Upholds 'Drone' confiscation 

CESTAT, Bangalore upholds Assessee’s classification of Make UiS (Education) robot, AI Module 2S for boosting smart education under CTH 9023 as ‘Teaching Aids’, sets-aside order of co...View More

Post-importation advertising/marketing by 'Reliance Brands' not includible in valuation of goods

CESTAT Delhi sets-aside order of Principal Commissioner seeking to recover customs duty on advertisment, marketing and promotion expenditure incurred by Reliance Brands Luxury Fashion Pvt. Ltd. (Asses...View More

Water supplied by State Govt. to industrial power-plant not 'usage of natural resources' 

CESTAT Delhi quashes Rs. 10 crores (approx) service tax demand on Sasan Power, on the provision of supply of water by the Govt of M.P for establishing a 3960MW Ultra Mega Power Project in Si...View More

Contributions to NMET/DMF, royalty paid for mining-rights not taxable: Cites "judicial-protocol" violation 

CESTAT Delhi citing a bevy of judicial precedents relating to liability to pay service tax on reverse charge basis on royalty and other charges to the state government holds that “demand&he...View More

Royalty and License Fees payment, not includible in Transaction Value of imported parts/components

CESTAT, Kolkata rules that royalty payable on the value addition done by Assessee (Importer) utilizing the Technical Know-how of the Licensor, has nothing to do with value of imported components, henc...View More

Citing non-adherence with classificatory rules, rejects Revenue's 'activity-tracker' re-classification as 'wrist wearable-device' 

CESTAT Mumbai sets-aside Revenue’s re-classification of ‘activity tracker’ under tariff item 8517 62 90 from Tariff Item 9029 1090, which was originally declared by assessee in their...View More

No service by constituent undertaking activity for JV; Intention, not agreement-nomenclature, relevant 

CESTAT, Chennai rules that the activities undertaken by Tamil Nadu Industrial Development Corporation Ltd. (TIDCO/assessee) for Joint Venture (JV) under JV agreement do not fall under ‘Business ...View More

No service tax on central rights income earned from BCCI, fees paid to IPL foreign players

CESTAT Mumbai quashes demand against Jaipur IPL (operating the cricket team Rajasthan Royals) on various provisions such as receipt of Central Rights Income (CRI) as per IPL franchise agreement, fees ...View More

Line modules, pluggables, controller cards imported by Cinea ‘parts’ of Telecommunication equipment 

CESTAT Mumbai restores assessee’s classification of line modules, pluggables, controller cards, switch modules, line amplifiers, wavelength selectable switches, transponders/multiplexers, demult...View More