CESTAT Rulings


Distillery-unit being part of factory availing area-based exemption not entitled to CENVAT 

CESTAT Delhi denies CENVAT credit on capital goods/input services used in setting up the distillery unit which forms part of the same factory (of assessee, availing area-based exemption vide Notificat...View More

Mere packing chargers with batteries and labelling them not 'Manufacture'; Quashes demand against 'Eveready-Industries'

CESTAT, Kolkata holds that the activity of mere packing of rechargeable batteries along with battery chargers and labelling the same as “Eveready Recharge/Ultima” and “Uniross/Power ...View More

Goods re-imported into DTA taxable; No scope for interpretation in ‘unambiguous’ SEZ-Act

CESTAT Delhi upholds levy of customs duty on re-import of goods into Domestic Tariffi Area (DTA) unit of Lupin Ltd. (assessee) without any manufacturing activity undertaken in Special Economic Zone (S...View More

Shipping Bill re-assessment not final unless 'speaking order' passed; Rejects refund denial

CESTAT Kolkata dismisses denial of refund claim by Revenue citing assessee’s failure to file appeal pursuant to re-assessment of Shipping Bills (SBS) raising demand ...View More

Degree granted by foreign-university not recognised by Indian-law; Upholds demand under commercial-training 

CESTAT Delhi confirms demand of service tax under ‘Commercial Training or Coaching’ on assessee with regard to imparting of education in the field of Postgraduate Courses in...View More

MTR’s ‘Badam-Milk-Drink’ not 'flavoured milk' but 'beverage'; Stresses on specific classification 

CESTAT Bangalore dismisses MTR Foods' appeal, holds that ‘Badam Milk Drink-Ready to Drink’ is classifiable as ‘Beverages’ under Heading 2202 9030 which is a specific entry for ...View More

Commission from overseas-buyer for services rendered w.r.t. goods procured for exports not ‘intermediary' 

CESTAT Chennai holds that receipt of ‘commission’ from foreign buyers towards a bouquet of services (like monitoring quality, testing samples etc.) is not "mere selling or purchase of good...View More

Sets aside differential demand over JPC Cess owing to ‘premature’ SCN 

CESTAT Kolkata rules that show cause notice disallowing deduction of Joint Plant Committee (JPC) Cess from assessable value is premature if the RT-12 assessment date [i.e. 1996] is taken as the date o...View More

Drops demand on Boeing-India for expenses reimbursed to seconded employees

CESTAT Delhi finds it fit to drop the entire demand of service tax under the heading ‘manpower services' against Boeing-India on expenses reimbursed to employees seconded from its holding compan...View More

Biscuits being ‘food-stuff’, refund of tax paid under GTA by mistake not hit by time-bar

CESTAT Kolkata, allows appeal against the order passed by Commissioner (Appeals) upholding Adjudicating Authority’s order rejecting Assessee’s claim for refund of service tax paid on rever...View More