CESTAT Delhi Sets Aside ₹1 Crore Interest, Penalty On Hindustan Zinc For Reversed CENVAT Credit

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has set aside disallowance of CENVAT credit as well as interest and penalty worth about Rs. 1 crore for electricity wheeled out to sister concerns as well as to State Electricity Board. In an order dated November 24, 2025, the Bench comprising Justice Dilip Gupta (Principal Bench) and Smt. Hemambika R....

GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure

The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A...

Revenue Cannot Treat Turnover Mismatch As Duty Evasion Without Examining On Merits: CESTAT Mumbai

The CESTAT Mumbai has held that when an assessee shows sufficient cause for delay in filing an appeal within the statutorily permissible condonable period of 30 days, the Commissioner (Appeals) cannot reject the appeal on limitation without examining the merits. A Bench of the CESTAT comprising of Member (Technical) M.M. Parthiban was hearing the appeal, challenging the order...

Supreme Court Leaves Open Question Whether Customs Can Seize Goods Which Left Port

The Supreme Court recently refused to entertain an appeal against the Customs, Excise and Service Tax Appellate Tribunal (“CESTAT”) view that once goods are cleared from the port, customs authorities lose their power to confiscate them for violations such as non-compliance with license requirements. However, the bench of Justices Manoj Misra and Ujjal Bhuyan left open the question...

Peanut Butter Similar To Margarine; Not Exempt From Excise Duty: CESTAT

The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Peanut Butter is similar to Margarine in terms of usage, origin, fat content, etc. and therefore not eligible for excise duty exemption. Angad Prasad (Judicial Member) and A.K. Jyotishi (Technical Member) examined whether Peanut Butter could be considered similar to Margarine. If...

Commission Earned By Indenting Agent To Foreign Group Entities Is 'Export Of Services': CESTAT Mumbai Sets Aside ₹2.77 Crore Service Tax Demand

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai has stated that the commission earned for acting as Indenting agent to its foreign group companies qualifies as 'Export of Services', and therefore is not liable to service tax under the Finance Act, 1994. A Division Bench comprising Member (Judicial) S.K. Mohanty and Member (Technical) M.M. Parthiban set...

Customs Cannot Take Independent View Against CESTAT Classification; Wheat Gluten Eligible For DFIA Exemption: Madras High Court

The Madras High Court has held that once CESTAT has classified wheat gluten as eligible for DFIA (Duty-Free Import Authorisation) exemption, Customs authorities are bound by those findings and cannot independently deny the exemption benefits. Justice N. Anand Venkatesh stated that the impugned orders have been passed only on the ground that Wheat Gluten is not covered under...

Customs Act | 'Goods Already Re-Exported Cannot Be Confiscated': CESTAT Mumbai Sets Aside Absolute Confiscation Order

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai has set aside the absolute confiscation of imported goods ordered by the Commissioner (Appeals), holding that once the goods had already been re-exported prior to the filing of the Revenue appeal, the order for absolute confiscation of goods is not sustainable in law. The Bench of Member (Judicial) Ajay...

Assessee Ineligible For Excise Duty Refund On Ambulances, Neither Manufacturer Nor Buyer U/S 11B(2)(e) Central Excise Act: CESTAT

The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the assessee is ineligible for excise duty refund on ambulances, as it is neither a manufacturer nor a buyer under Section 11B(2)(e) Central Excise Act. The bench further noted that the assessee was merely operating the ambulances under a government agreement, which does not make him...

CESTAT Delhi Quashes Service Tax Demand On Western Geco International's Project Office For Offshore Data Acquisition In Deep Sea

The Principal Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) at Delhi has set aside service tax demand on offshore seismic survey (data acquisition) by Western Geco International Ltd., Gurugram (project office of Western Geco British Virgin Islands). The Bench comprising of Mr. P.V. Subba Rao (Technical Member) and Ms. Rachna Gupta (Judicial Member)...

Customs Duty Payable On Imported Goods Lost In Fire; Exemption Not Available: CESTAT New Delhi

The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that imported goods which are not used for manufacturing due to fire do not qualify for exemption under Notification No. 12/2012-CUS dated 17.03.2012 and hence, customs duty is payable on such goods. The exemption Notification No. 12/2012-CUS dated 17.03.2012 allows the importers...

Free Nights & Food Discounts Offered To Lessor Under Hotel Lease Must Be Included In Gross Taxable Value: CESTAT

The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax is payable on free room nights and food discounts received in kind under a lease agreement with a hotel. Dr. Rachna Gupta (Judicial Member) was examining whether the complementary nights extended by the lessee to the lessor, along with the respective food discount, are to...