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Cestat judgments

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Affiliation Fees – No Service Tax Can Be Demanded: CESTAT Delhi

Service Tax : CESTAT rules that affiliation fees collected by universities are statutory functions, not taxable services. Service tax demand and...

August 29, 2025 957 Views 0 comment Print

Analysis of Notifications and Circulars for Week ending 13th April 2025

CA, CS, CMA : A summary of key updates for Income Tax, GST, RBI, and legal matters issued from April 7-13, 2025, including exemptions, tax forms...

April 15, 2025 6147 Views 0 comment Print

No Service Tax payable on freight margin recovered from customer in case of outbound shipments

Service Tax : Understand the CESTAT Ahmedabad ruling in Vishal Tansukhbhai Gohel vs Commissioner of Central Excise & ST. No service tax on freig...

May 30, 2024 2541 Views 0 comment Print

No Service Tax on CHA’s Reimbursable Expenses: CESTAT Ahmedabad

Service Tax : CESTAT Ahmedabad ruling in Shakti Enterprise vs Commissioner of Central Excise & ST clarifies that CHA's reimbursable expenses are...

December 8, 2023 2868 Views 0 comment Print

CESTAT Imposes Penalty on Commissioner for Non-Compliance

Custom Duty : CESTAT, Allahabad penalizes Commissioner for delaying Tribunal order implementation. Rs. 2,00,000 penalty imposed, and contempt pr...

December 3, 2023 2451 Views 0 comment Print


Latest News


CESTAT e-Filing Software User Manual

CA, CS, CMA : CESTAT e-Filing Software User Manual explains about New User Registration, User Home Page Navigation, Filing,  (Petition/Appeal) ...

March 9, 2023 5472 Views 0 comment Print

E-Compendium of CESTAT Case Laws – Pro – Revenue

Goods and Services Tax : This is the fourth year since the introduction of GST in July, 2017. Despite a sizeable liquidation of appeals under the Sabka Vis...

May 18, 2021 3366 Views 0 comment Print

Govt approves creation of six new Benches of CESTAT

Excise Duty : The Union Cabinet today gave its approval for setting up six additional Benches of the Customs, Excise and Service Tax Appellate T...

October 18, 2013 1577 Views 0 comment Print

Tribunal directed JetLite to pay Rs 100 crore as a pre-deposit on a service tax dispute

Service Tax : The Customs, Excise & Service Tax Appellate Tribunal has directed JetLite (formerly Sahara Airlines Ltd) to pay Rs 100 crore (Rs 1...

July 2, 2010 834 Views 0 comment Print

Can a CESTAT Member who has not completed probation can be relived from his duty without assigning any reason?

Excise Duty : RECENTLY the President of India was pleased to discharge Hon'ble member of the CESTAT Mr. PK Das, just a day before he was to comp...

December 3, 2009 3439 Views 0 comment Print


Latest Judiciary


Bluetooth Headsets falls Under Heading 8517 as They Transmit & Receive Voice & Data

Custom Duty : CESTAT examined whether Bluetooth headsets should be treated as communication devices or ordinary headphones. It held that devices...

June 8, 2026 72 Views 0 comment Print

Extended Limitation Held Invalid as Tax Proceedings Were Based Solely on Third Paty Data

Service Tax : The Tribunal examined a service tax demand raised on the basis of DGARM data and financial statements. It held that reliance solel...

June 8, 2026 60 Views 0 comment Print

CESTAT Upholds Duty Demand as Food Testing Kits Were Misdeclared as Diagnostic Kits

Custom Duty : CESTAT Delhi held that food testing kits were wrongly described as being for “diagnostic use only” to claim a customs exemptio...

June 8, 2026 60 Views 0 comment Print

Common Amenities Cannot Convert Independent Villas Into a Taxable Residential Complex

Service Tax : CESTAT Chennai held that villas constructed on separate plots under individual agreements and approvals do not constitute a reside...

June 8, 2026 42 Views 0 comment Print

Govt Dept Liable for Interest on delayed Service Tax Deposit: CESTAT Allahabad

Service Tax : The Tribunal held that interest under Section 75 of the Finance Act is mandatory when service tax is paid after the due date. Admi...

June 8, 2026 54 Views 0 comment Print


Latest Notifications


CESTAT Virtual Hearings & Procedures

Custom Duty : Read Notification No. 02/2023 from CESTAT, New Delhi, introducing virtual hearings. Learn about the procedure, technical requireme...

September 21, 2023 4107 Views 0 comment Print

Selection for the posts of Member, Customs, Excise and Service Tax Appellate Tribunal (CESTAT)

Goods and Services Tax : Applications are being invited for 2 anticipated vacancies of Member (Technical) and 4 anticipated vacancies of Member (Judicial) ...

February 3, 2023 3699 Views 0 comment Print

Procedure for Physical Hearing of Appeals by CESTAT

CA, CS, CMA : Representations have been received from the Bar Associations requesting for physical hearing of appeals. As there is improvement i...

November 15, 2021 4098 Views 0 comment Print

Benches of Tribunal must strictly adhere to period of limitation prescribed by SC

Custom Duty : F No. 01(05)/Circular/CESTAT/2021 Customs, Excise and Service Tax Appellate Tribunal West Block No. 2, R.K. Puram, New Delhi-11006...

July 26, 2021 2073 Views 0 comment Print

Procedure For E-Hearing of Appeals by CESTAT

Goods and Services Tax : Representations have been received from the Bar Associations at Mumbai, Bangalore, Ahmedabad, Chandigarh and Hyderabad Benches of ...

August 10, 2020 7071 Views 0 comment Print


Cenvat Credit Allowed as Sales Commission Qualifies as Sales Promotion: CESTAT Kolkata

June 1, 2026 93 Views 0 comment Print

The Tribunal held that services of commission agents fall within the scope of “sales promotion” under Rule 2(l) of the Cenvat Credit Rules. As a result, the demand denying Cenvat credit on sales commission services was set aside.

Demand Reconsideration Ordered as Journal Entries and ST-3 Returns Required Detailed Matching

June 1, 2026 66 Views 0 comment Print

The Tribunal found that the dispute could only be resolved through a detailed reconciliation of journal vouchers and tax returns. The matter was remanded to the adjudicating authority for verification.

CESTAT Quashes Excise Demand as Reversed Credit Cannot Be Treated as Availed Credit

May 31, 2026 219 Views 0 comment Print

The dispute concerned Rule 6 demands on electricity transferred outside the manufacturing unit. CESTAT held that proportionate reversal of CENVAT credit amounts to non-availment of credit, making the demand unsustainable. The appeals were allowed and the demands, interest, and penalties were set aside.

CESTAT Quashes Service Tax Demand as Mining Services Were Not Taxable Before 1 June 2007

May 31, 2026 1476 Views 0 comment Print

CESTAT held that excavation, extraction, grading, and sorting of iron ore were mining-related activities and not Business Auxiliary Services. Since Mining Services became taxable only from 01.06.2007, no service tax could be levied for the prior period.

Service Tax Demand Quashed as Operation of Drinking Water Plants Qualified for Mega Exemption

May 31, 2026 135 Views 0 comment Print

CESTAT held that operation and maintenance of drinking water plants for Nagar Nigams related to municipal water supply functions. The consideration received was therefore exempt under Entry 25 of Notification No. 25/2012-ST.

CESTAT Sets Aside Excise Demands as Stock Shortages Were Based Only on Eye Estimation

May 31, 2026 282 Views 0 comment Print

CESTAT Kolkata held that shortages of raw materials and finished goods cannot be established through mere eye estimation. The Tribunal consequently quashed excise demands, interest, and penalties based on alleged stock shortages.

CESTAT Allows Cenvat Credit as Input Services Had Nexus With Manufacturing Activities

May 31, 2026 183 Views 0 comment Print

CESTAT Chandigarh held that various disputed services qualified as input services under Rule 2(l) of the Cenvat Credit Rules, 2004. The Tribunal ruled that services having a direct or indirect connection with manufacturing were eligible for Cenvat credit.

Coal Transportation Not Taxable as Mining Service as No Consignment Notes Were Issued: CESTAT Kolkata

May 31, 2026 378 Views 0 comment Print

The dispute concerned whether coal transportation between mines and industrial facilities could be taxed as mining service. CESTAT held that the activity was transportation by road and, in the absence of consignment notes, fell under the Negative List and was not liable to service tax.

Outward Freight Credit Cannot Be Denied When Supplier Bears Freight and Insurance Costs: CESTAT Kolkata

May 30, 2026 126 Views 0 comment Print

CESTAT Kolkata held that Cenvat credit on Service Tax paid for outward freight and insurance was admissible where goods were delivered at the buyer’s premises and ownership passed there. The demand was set aside on merits and limitation.

CESTAT Grants Cum-Tax Benefit as Service Tax Was Not Collected Separately: CESTAT Chennai

May 28, 2026 201 Views 0 comment Print

The CESTAT Chennai held that where service tax was not separately recovered from recipients, the gross receipts must be treated as inclusive of tax under Section 67(2) of the Finance Act, 1994. The matter was remanded for fresh quantification.

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