CESTAT Rulings


Pre-deposit by ECrL debit before appeal filing, is valid 

CESTAT Mumbai finds pre-deposit of 7.5% of adjudged dues through debit of Electronic Credit Ledger as compliance of section 35F of the Central Excise Act, 1944 that requires deposit of certain percent...View More

Upholding power to recover tax-dues under GST, denies exemption to state-agriculture-body on roof construction 

CESTAT denies exemption to Rajasthan State Agriculture Marketing Body (Assessee) on construction of roads and roof on mandis operated for public purposes; Also, justifies invocation of extended period...View More

Validates credit availed by Dow-Chemicals basis invoices issued by sister unit registered as first-stage-dealer 

CESTAT Chennai allows Cenvat Credit amounting to Rs 6.37 Crores (approx.) availed by Dow Chemicals (Assessee) based on invoices issued by its sister unit situated in Raigad; Revenue had denied credit ...View More

Upholds ‘best judgment assessment’ citing Assessee’s failure to submit any accounts 

CESTAT Delhi dismisses Assessee’s appeal against the best judgment assessment which raised the service tax demand on Assessee’s promotional activities for the marketing and sales of Golden...View More

Extending cum-duty benefit to Deloitte-Haskins, drops penalty absent suppression with evasion intent 

CESTAT Chennai drops differential demand in respect of advance received by Deloitte-Haskins (Assessee) after substantial demand was paid by the Assessee during audit; Extending the cum-duty benefit to...View More

Relying on Calcutta Club verdict, drops demand on restaurant services, advertising, and renting services 

CESTAT Kolkata allows Calcutta-Club’s (Assessee) appeal on merits dropping the demand on advertising and rental services provided for running an restaurant; Relying upon SC judgment in Assessee&...View More

Quashes demand on composite contracts for residential complex construction absent valuation mechanism 

CESTAT Allahabad quashes demand of service tax on rendering the service of construction of residential complex during April 2014 to June 2017; Refers to Delhi HC dicta in case of Suresh Kumar Bansal a...View More

Amendment of import documents for claiming CVD exemption resulting in reassessment not allowed 

CESTAT Kolkata allows Revenue’s appeal against Commissioner (A)’s order which allowed amendment of Bill of Entry (BoE), states “merely carrying out the amendment is of no consequence...View More

Interest on refund of pre-deposit applies from CESTAT order, not from date of payment 

CESTAT Allahabad holds that interest on refund of pre-deposited amount is levied only after the expiry of three months from the date of communication of the CESTAT order and not from the date of depos...View More

Cannot deny exemption benefit to ‘Walnut-In Shell’ import under SAFTA sans CoO verification 

CESTAT Ahmedabad turns down allegation of misdeclaration levelled by Customs Department against assessee on import of ‘walnut-In-Shell’ on finding that transit certificate, country of orig...View More