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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 174 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


Service Tax Demand Invalid Due to Reliance Solely on 26AS/ITR–ST-3 Mismatch

April 4, 2026 876 Views 0 comment Print

The case addresses whether discrepancies between ITR/Form 26AS and ST-3 returns can justify a Service Tax demand. The Tribunal held that without independent verification, such demands are unsustainable and must be set aside.

Value Enhancement Invalid as NIDB Data Alone Cannot Replace Declared Transaction Value

April 4, 2026 378 Views 0 comment Print

The case examined whether transaction value can be rejected without inquiry. The Tribunal held that absence of investigation and proper procedure invalidates valuation enhancement.

No Service Tax on transportation services provided individually using own vehicles

April 4, 2026 432 Views 0 comment Print

The Tribunal held that demand based solely on Form 26AS and ITR data without corroboration is unsustainable. It set aside the entire tax demand along with penalties and interest.

Service Tax Demand Set Aside Due to Need for Verification of RCM Payment by Recipient

April 4, 2026 378 Views 0 comment Print

The Tribunal examined a demand based on discrepancies between ITR data and service tax returns. It held that verification of tax payment under RCM by the recipient was necessary before confirming liability. 

CENVAT Credit Allowed as Delivery Terms Establish Buyer’s Premises as Place of Removal

April 4, 2026 933 Views 0 comment Print

The case examined denial of credit on GTA services for outward transportation. The Tribunal held that FOR delivery terms made the buyer’s premises the place of removal, allowing credit.

Payment of Duty Under Protest Not Treated as Appealable Order: CESTAT Mumbai

April 4, 2026 363 Views 0 comment Print

The Tribunal allowed concessional duty on imported goods after noting that earlier decisions in identical matters had already settled the issue. It held that reliance on a set-aside order was unsustainable. The key takeaway is that binding precedents must be followed, and overturned orders cannot be relied upon.

Supply of Personal computers from SEZ to DTA cannot be automatically classified under CTH 9804

April 3, 2026 444 Views 0 comment Print

CESTAT Chennai held that clearance of personal computers from Special Economic Zone [SEZ] to Domestic Tariff Area [DTA] cannot be automatically classified as imported for personal use under CTH 9804 90 00 without discharging burden of proof. Accordingly, classification based on assumption set aside and appeal is allowed.

CESTAT allows Amendment of Shipping Bills Due to Absence of Time Limit During Transition Period

April 2, 2026 477 Views 0 comment Print

The Tribunal held that time limits introduced later cannot apply retrospectively to deny amendment requests. The ruling clarifies that exporters can seek corrections for past errors during scheme transitions.

SCN Held Unsustainable as Tax Liability Already Declared in ST-3 Returns: CESTAT Allahabad

March 31, 2026 252 Views 0 comment Print

The tribunal held that issuing a show cause notice was invalid where tax liability was already declared in returns. The demand and penalties were set aside as proceedings lacked legal basis.

Refund Cannot Be Recovered Without Statutory Provision Under Section 11B of Excise Act

March 29, 2026 399 Views 0 comment Print

The tribunal held that Section 11B does not permit recovery of already sanctioned refunds. Recovery must follow separate legal provisions. The ruling clarifies limits of refund recovery powers.

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