CESTAT Rulings


Penalises Commissioner for 'Judicial Discipline' violation; Refers matter to HC for 'Contempt Proceedings' 

CESTAT, Allahabad on observing that the Commissioner has not implemented the order of this Tribunal even after being directed under Rule 41 of CESTAT Procedure Rules, 1982 and having been allowed suff...View More

Non-amendment or non-obtainment of registration by exporter a ‘minor’ procedural infraction; Allows refund 

CESTAT Mumbai allows refund of accumulated CENVAT credit opining that obtaining Service Tax registration is not a prerequisite for claiming refund; In present case, redunds were denied on various grou...View More

Sets-aside area-based exemption denial to 'Laminated paper' manufacturer; No estoppel in claiming correct classification

CESTAT Allahabad sets aside the denial of area-based exemption to assessee manufacturing ‘Corrugated Boxes and Laminated Paper’ at Rudrapur Uttarakhand under Notifications Nos 49/2003-CE a...View More

By majority, conclusively allows cash refund of accumulated CENVAT Credit upon business closure 

CESTAT Mumbai, by majority decision, allows the assessee to claim cash refund of accumulated CENVAT credit to the tune of Rs. 1.8 crores on closure of the factory; The third member view, pursuant to s...View More

Services by Glaxo SmithKline qualify as export irrespective of payment routing through third-party 

CESTAT, Chandigarh holds that “Business Support” and “Manpower Recruitment and Supply’ service rendered by Glaxo SmithKline to M/s SmithKline Beecham Plc. (SB Plc), U.K. under ...View More

Advisory to clients abroad for investment of funds an 'export of service'

CESTAT, Chennai upholds Commissioner (Appeals) order sanctioning rebate to the Assessee (Sundaram Asset Management Co. Ltd.) on advisory services for investment of funds to clients abroad; Assess...View More

Incorrect description on invoice no ground to deny CENVAT credit to service receiver

CESTAT Mumbai sets-aside demand of service tax against insurance major (Tata AIG General Insurance Co. Ltd./assessee), holding that, raising invoice with incorrect description (instead of business sup...View More

Allows credit to Honda-India on 'part-catalogue' and 'repair-manual' development service 

CESTAT Allahabad allows CENVAT credit of service tax paid under reverse charge mechanism (RCM) by Honda Cars, India (assessee) on the service fees paid by them to their principal (Honda Motor Company ...View More

Onus to prove non-taxability vis-a-vis discrepancy lies upon assessee; Upholds 'reverse-charge' liability

CESTAT Ahmedabad rules that “under the service tax law after 01.07.2012 all payments received or paid to the foreign parties by the assessees against any service provided/ received from abroad (...View More

Liability cannot be fastened without certainty of ‘taxable service’, Commission on 'Corporate Guarantees' taxable as BAS 

CESTAT, Mumbai holds that tax liability cannot be fastened without certainty of the ‘taxable service’ in application of mind by the SCN issuing thus sets aside the impugned order initiatin...View More