CESTAT Rulings


12% Interest on delayed refund of amount paid under protest from deposit to realization 

CESTAT Delhi holds the assessee entitled to claim interest from the date of deposit till its realization on delayed refund of amount deposited under protest against the service tax demand; Relies on R...View More

Affiliation fees and rental income collected by Bhopal University not liable for service tax 

CESTAT Delhi quashes service tax demand of Rs. 2.89 Crore, holding that affiliation/inspection fees and rental income received by the Barkatullah University (formerly, Bhopal University) are not taxab...View More

Quashes CENVAT demand on outdoor catering service in extended period, cites Toyota Kirloskar verdict 

CESTAT Mumbai holds that mere wrong availment of CENVAT Credit in respect of ‘outdoor catering service’, cannot be equated with suppression of fact, fraud or wilful misstatement with inten...View More

Drops demand under RCM on bank-charges payment by 100% EOU to foreign banks 

CESTAT Delhi rules that bank charges paid by 100% EOU (Assessee) to foreign banks, where the foreign buyers has availed the foreign banks services to facilitate payments in foreign currency to Assesse...View More

Re-determining 'transaction value' by including 'software' in Quick-Recovery CDs imported by 'HP India' untenable 

CESTAT Delhi sets-aside re-determination of transaction value (TV) of Quick Recovery (QR) CDs by including the value of pre-installed software in the TV of CDs imported by assessee (HP India); Quashes...View More

Absent evidence, penalty on knitted fabric job workers for collusion to avail credit fraudulently, unsustainable

CESTAT Chandigarh sets aside penalty imposed under Rule 26 of Central Excise Rules on Assessees (job-workers for knitting fabrics) for colluding with one Puneet Exports Inc. for fraudulently availing ...View More

Absent cogent evidence of suppression, misstatement, quashes penalty for ITR-ST-3 data mismatch

CESTAT Chandigarh sets aside penalty u/s 78 of the Finance Act which was imposed after SCN was issued on the basis of difference between the 26AS/ITR data and the gross value reflected in ST...View More

Sets aside demand as extended period not invokable in subsequent SCN

CESTAT Chandigarh holds that if the first SCN doesn’t attract the extended period of limitation (as adjudged by the Supreme Court), there is no way it can be invoked in the subsequent ...View More

Absent ‘reasonable belief’ for ‘town seizure’, dismisses Revenue’s appeal against setting-aside gold confiscation

CESTAT Allahabad dismisses Revenue’s appeals against setting aside of confiscation of three gold bars, seized in a ‘town seizure’ at Kanpur Railway Station from a passenger travellin...View More

Contractor’s services to Bhakra Beas Management, a Govt. Entity, exempt; Drops demand

CESTAT Chandigarh allows Assessee-contractor’s appeal against the service tax demand on provisions of Management, Maintenance and Repair Service' and 'Commercial or Industrial Construction Servi...View More