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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 963 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 3372 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 144 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 183 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 90 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 78 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 69 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 4116 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 2079 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 7080 Views 0 comment Print


Excise Exemption Benefit Cannot Be Denied for Missing Nodal Ministry Certificate Alone

May 3, 2026 207 Views 0 comment Print

The Tribunal ruled that absence of a Nodal Ministry certificate cannot deny exemption when goods were used in the intended project. The decision emphasizes substance over procedural compliance.

Customs Penalty Set Aside Due to Lack of Evidence Linking Broker to Fraudulent Exports

May 2, 2026 381 Views 0 comment Print

The tribunal held that penalties cannot be imposed without direct evidence connecting the appellant to alleged overvalued exports. Mere suspicion and assumptions were found insufficient.

CENVAT Demand Set Aside Because Statements Recorded Under Section 14 Were Used Without Mandatory Section 9D Compliance: CESTAT Delhi

April 29, 2026 330 Views 0 comment Print

CESTAT Delhi held that statements recorded during investigation cannot be relied upon as evidence unless the mandatory procedure under Section 9D—examination before adjudicating authority and admissibility determination—is followed.

Car Dealer Incentives Are Trade Discounts, Not Taxable Commission, on Principal-to-Principal Sales: CESTAT Kolkata

April 29, 2026 501 Views 0 comment Print

The Tribunal held that the margin between purchase and sale of vehicles is trading profit, not commission. Service Tax demand on such margin was therefore unsustainable.

CVD Rate Irrelevant for Cenvat Credit; Eligibility Depends on Nature of Levy: CESTAT Chennai

April 29, 2026 240 Views 0 comment Print

The Tribunal held that credit depends on the nature of duty and not the rate at which it is paid. The key takeaway is that concessional CVD does not bar CENVAT credit.

Licence Revocation Set Aside Due to Lack of Evidence Linking Customs Broker to Fradulent Exports

April 29, 2026 267 Views 0 comment Print

The Tribunal held that no documentary evidence connected the Customs Broker to the alleged fraudulent exports. Revocation and penalty were quashed for want of proof.

Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi

April 29, 2026 240 Views 0 comment Print

The case addressed whether insurance services qualify as input services. The Tribunal held that insurance linked to business assets is eligible for Cenvat credit, emphasizing indirect nexus with manufacturing.

Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling

April 29, 2026 321 Views 0 comment Print

The case examined whether a CHA can be penalized for allowing misuse of its licence. The Tribunal upheld the penalty, holding that lack of due diligence leading to smuggling attracts liability.

Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata

April 29, 2026 234 Views 0 comment Print

The case examined whether authorities could revoke a G-card under existing regulations. The Tribunal held that no such power exists and ordered restoration of the G-card.

Declared Value of Used Machinery Can’t Be Enhanced Solely on Local Chartered Engineer Certificate: CESTAT Chennai

April 29, 2026 1848 Views 0 comment Print

The issue involved enhancement of value of imported second-hand machinery. The Tribunal held that rejection of the load port certificate was unjustified, restoring the declared transaction value.

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