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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 558 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 5781 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 2163 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 2418 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 1989 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 4209 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 2880 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 1424 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 651 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 3259 Views 0 comment Print


Latest Judiciary


Notification and circular under Customs Act cannot take away benefit under FTP and HBP

Custom Duty : CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is othe...

January 3, 2026 48 Views 0 comment Print

Order rejecting refund of excess CVD not sustained as amendment of bill of entry is allowed mode of modifying assessment

Custom Duty : CESTAT Mumbai held that order rejecting refund of excess CVD [Countervailing duty] paid on import of mobile handsets not sustainab...

January 2, 2026 126 Views 0 comment Print

Rejection of declared value merely based on presumptions and assumptions is not sustainable

Custom Duty : CESTAT Delhi held that rejection of declared value and re-determination of the same merely on presumptions and assumptions without...

January 2, 2026 402 Views 0 comment Print

Export of Garnet is restricted vide DGFT notification dated 21.08.2018 irrespective of its origin

Custom Duty : CESTAT Ahmedabad held that DGFT notification no. 26/2015-20 dated 21.08.2018 restricts export of Garnet irrespective of its origin...

December 31, 2025 96 Views 0 comment Print

Penalty u/s. 114A since covered under regulation 3 (2) (c) hence License for Private Warehouse u/s. 58 not granted

Custom Duty : CESTAT Allahabad held that the case of imposition of penalty under section 114A of the Customs Act would be covered under regulati...

December 31, 2025 120 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 3210 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 3351 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 3708 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 1815 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 6576 Views 0 comment Print


Latest Posts in Cestat judgments

Notification and circular under Customs Act cannot take away benefit under FTP and HBP

January 3, 2026 48 Views 0 comment Print

CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is otherwise available under the Foreign Trade Policy [FTP] and Handbook of Procedure [HBP].

Order rejecting refund of excess CVD not sustained as amendment of bill of entry is allowed mode of modifying assessment

January 2, 2026 126 Views 0 comment Print

CESTAT Mumbai held that order rejecting refund of excess CVD [Countervailing duty] paid on import of mobile handsets not sustainable since amendment of bill of entry under section 149 of the Customs Act is allowed mode of modifying assessment.

Rejection of declared value merely based on presumptions and assumptions is not sustainable

January 2, 2026 402 Views 0 comment Print

CESTAT Delhi held that rejection of declared value and re-determination of the same merely on presumptions and assumptions without independent evidence is not sustainable in law and hence liable to be set aside. Accordingly, appeal allowed.

Export of Garnet is restricted vide DGFT notification dated 21.08.2018 irrespective of its origin

December 31, 2025 96 Views 0 comment Print

CESTAT Ahmedabad held that DGFT notification no. 26/2015-20 dated 21.08.2018 restricts export of Garnet irrespective of its origin. Customs tariff doesn’t distinguish between ‘Garnet found on beach’ and ‘Garnet found in inland places’.  Accordingly, confiscation of export goods uphold and penalty imposed.

Penalty u/s. 114A since covered under regulation 3 (2) (c) hence License for Private Warehouse u/s. 58 not granted

December 31, 2025 120 Views 0 comment Print

CESTAT Allahabad held that the case of imposition of penalty under section 114A of the Customs Act would be covered under regulation 3 (2) (c) and hence appellant is not eligible for grant of License for Private Warehouse under section 58 of the Customs Act.

Re-agitating same issue which has earlier attained finality is against principles of Res Judicata

December 30, 2025 255 Views 0 comment Print

CESTAT Allahabad held that finding recorded by Commissioner (A) in earlier round of litigation have attained finality. Accordingly, the attempt to re-agitate the same issue in subsequent proceedings is barred by principles of Res Judicata. Accordingly, appeal of department dismissed.

Invocation of extended period not justified as inadmissible Cenvat Credit duly reflected in return

December 29, 2025 171 Views 0 comment Print

CESTAT Allahabad held that extended period of limitation is not invocable since alleged inadmissible cenvat credit was duly reflected in the return. Accordingly, demand beyond normal period of limitation set aside.

Service Tax Demand Quashed as Cinema Counter Food Sales Not a Service: CESTAT Delhi

December 29, 2025 285 Views 0 comment Print

The dispute concerned whether food sold at cinema counters involved a taxable service. The Tribunal held such transactions to be pure sales of goods and set aside the service tax demand with consequential relief.

Provisional Release of Used Specialised Equipment Cannot Be Withheld Without Centralised Monitoring: CESTAT Kolkata

December 25, 2025 174 Views 0 comment Print

CESTAT held that withholding goods due to a 100-unit model-wise limit was unsustainable where no centralized monitoring existed, and directed provisional release against bond and bank guarantee.

Penalty on Customs Broker Set Aside as Classification Dispute Was Settled in Importer’s Favour

December 25, 2025 228 Views 0 comment Print

The Tribunal ruled that once the classification was upheld for the importer, penalty on the customs broker could not be sustained. The decision underscores that a resolved classification dispute cannot justify penal action on the agent.

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