CESTAT Rulings


AI learning tool ‘MIKO 2’ classifiable as ‘Automatic Data Processing Machine’ not ‘Toys’ 

CESTAT Mumbai holds that MIKO 2 an ‘emotionally intelligent companion device’ is not classifiable as ‘plastic toys’ while taking into account the ‘human like’ featu...View More

Allows CENVAT-credit for inputs used in constructing immovable property intended for renting services

CESTAT Bangalore allows assessee’s appeal against the Commissioner’s order denying CENVAT credit on input and input services used in constructing immovable property for which the assessee ...View More

Goods movement for Essar to various depot not ‘Cargo Handling Service’ 

CESTAT Ahmedabad quashes service tax demand under ‘Cargo Handling Service’ on finding it “prima-facie wrong”; From the definition under section 65 (105) (zr) clarifies that &ld...View More

Rejects Airtel’s classification of ‘Battery Fuse Units’ as 'parts' of Transmission Device; Denies exemption

CESTAT Bangalore dismisses Bharti Airtel’s appeal, upholds the original and appellate authority’s order classifying the import of Battery Fuse Units (BFU) as ‘Automatic circuit Break...View More

Quashes credit denial to branch-office absent investigation over correctness of credit taken, distributed by HO 

CESTAT Kolkata quashes denial of CENVAT credit to assessee whose Head Officer (an Input Service Distributor/ISD) distributed the credit on pro-rata basis; Holds that on all the services on which ISD a...View More

Option available with assessee to switch over to ‘beneficial’ Notification for re-import 

CESTAT Ahmedabad rules on option to switch over to other beneficial Exemption Notification at the time of re-import of rejected or sent back ‘Lays Shell Pellet’ from Thailand; While citing...View More

Sanofi’s ‘All Star’ Insulin Pen not ‘parts & accessories’, allows concessional rate 

CESTAT Ahmedabad holds that the product ‘Reusable Insulin Delivery Device’ manufactured by assessee under the brand name “All Star” cannot be classified as ‘parts and acc...View More

Services received by Inox SEZ-unit from foreign-based agent not taxable under reverse-charge 

CESTAT Ahmedabad rules on service tax demand for ‘Sales Promotion Commission’ under ‘Business Auxiliary Service’ and on overriding effect of Special Economic Zones Act, 2005 ...View More

Declines extension of limitation period w.r.t. levy on 'Mechanical Fertiliser Facility' construction 

CESTAT, Hyderabad holds that extended period of limitation is not invokable by the Revenue against Assessee for raising service tax demand on construction of Mechanical fertiliser handling and bagging...View More

Citing undervaluation of Imported Camera Stabilizers, restores original order rejecting declared value in BOE 

CESTAT Delhi allows revenue’s appeal, quashes the order of Commissioner (A) while restoring the original order which rejected the transaction value declared by assessee for imported‘camera...View More