Category: Service Tax

Limitation, Jurisdiction, and Pre-SCN Consultation in Customs and Service Tax Law

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 04.08.2026

Limitation, Jurisdiction, and Pre-SCN Consultation in Customs and Service Tax Law

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

This article provides a detailed comparative analysis of two significant sets of judgments: (1) the Jharkhand High Court’s decision in the case of M/s Bihar Foundry & Castings Ltd., and (2) the Madras High Court’s common judgment on the pan-India jurisdiction of Central Excise/GST officers and the requirement of pre-show cause notice (SCN) consultation.

1. Core Legal Issues

Bihar Foundry & Castings Ltd. (Jharkhand HC)

Limitation in Customs Proceedings: The primary issue was whether the finalization of provisional assessments and subsequent issuance of SCNs and adjudication orders under the Customs Act, 1962, were barred by limitation.
Mandatory Pre-SCN Consultation: The petitioner challenged the validity of SCNs and orders for non-compliance with the mandatory pre-SCN consultation as per Section 28(1)(a) of the Customs Act and related regulations.
Delayed Finalization: The court examined whether the delay (6–9 years) in finalizing provisional assessments and issuing SCNs was legally sustainable.

Pan-India Jurisdiction (Madras HC)

Jurisdiction of Central Excise/GST Officers: The main issue was whether the Central Board of Excise and Customs (CBEC) could confer pan-India jurisdiction on Central Excise Officers for investigation and adjudication under the Service Tax/GST regime.
Validity of Notification: The challenge was to Notification No. 22/2014-ST, which empowered officers with all-India jurisdiction.
Pre-SCN Consultation: The appellants argued that pre-SCN consultation, as recommended by departmental circulars, was mandatory and its absence vitiated the proceedings.

2. Judicial Reasoning and Findings

Jharkhand HC (Bihar Foundry)

Limitation is Mandatory:
- The court held that after the 2018 amendment, the six-month limitation for adjudication under Section 28(9)(a) of the Customs Act is mandatory.
- The omission of the phrase “where it is possible to do so” made the time limit strict, not directory.
Pre-SCN Consultation:
- The court found that pre-SCN consultation is a mandatory requirement under the Customs Act and related regulations.
- Non-compliance with this requirement renders the SCN and subsequent proceedings void ab initio.
Delayed Finalization:
- The court relied on CBIC instructions and judicial precedents to hold that finalization of provisional assessments after 6–9 years is unreasonable and unsustainable.
- The court quashed the orders and SCNs issued beyond the reasonable period.

Madras HC (Pan-India Jurisdiction)

Pan-India Jurisdiction Upheld:
- The court upheld the validity of Notification No. 22/2014-ST, confirming that the Board can assign pan-India jurisdiction to Central Excise/GST officers.
- The court relied on Supreme Court precedents, holding that “local limits” can be defined as all-India, and such delegation is not ultra vires.
Pre-SCN Consultation Not Mandatory:
- The court held that departmental circulars recommending pre-SCN consultation are not mandatory and cannot override statutory provisions.
- The absence of pre-SCN consultation does not vitiate the SCN or subsequent proceedings.
Remedies:
- The court directed that parties aggrieved by SCNs or orders should pursue statutory appeals rather than writ petitions, except in cases of jurisdictional challenge.

3. Key Contrasts

Aspect	Jharkhand HC (Bihar Foundry)	Madras HC (Pan-India Jurisdiction)
Limitation	Strictly enforced; delay fatal to proceedings	Not the central issue
Pre-SCN Consultation	Mandatory; non-compliance voids proceedings	Not mandatory; absence does not vitiate SCN
Jurisdiction	Focus on limitation and procedure	Upheld pan-India jurisdiction of officers
Remedy	Quashed delayed and procedurally defective orders	Directed use of statutory appeals for factual disputes

4. Legal Principles Established

Jharkhand HC: Emphasizes strict adherence to statutory limitation and procedural safeguards (like pre-SCN consultation) in customs proceedings. Any deviation, especially after legislative amendments, is fatal to the validity of proceedings.
Madras HC: Affirms the Board’s power to confer pan-India jurisdiction and clarifies that departmental circulars (like those on pre-SCN consultation) are recommendatory, not binding, unless incorporated into the statute.

5. Practical Implications

For Taxpayers:
- In customs matters, taxpayers can challenge proceedings if limitation or mandatory procedures are not followed.
- In service tax/GST matters, challenges to jurisdiction based on officer location are unlikely to succeed; procedural lapses in pre-SCN consultation alone are insufficient to quash proceedings.
For Revenue Authorities:
- Must strictly comply with statutory timelines and mandatory procedures in customs matters.
- Can rely on pan-India jurisdiction for investigations and adjudication in service tax/GST, but should ensure fairness and clarity in proceedings.

These judgments collectively clarify the boundaries of procedural and jurisdictional challenges in indirect tax litigation, reinforcing the importance of statutory compliance and the limits of administrative circulars.

Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

Source: Jharkhand High Court, Madras High Court

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August 4, 2026

CESTAT Mumbai Ruled in Favor of Suzlon Energy Ltd in Service Tax Dispute
ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 15.12.2025

CESTAT Mumbai Ruled in Favor of Suzlon Energy Ltd in Service Tax Dispute

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.comor on his Mobile +91-9999005379.

In a landmark decision, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, has ruled in favor of M/s Suzlon Energy Ltd in a long-standing service tax dispute. The case revolved around the classification of imported technical know-how and engineering designs as taxable services under the category of “Design Services” as defined under Section 65(36b) read with Section 65(105)(zzzzd) of the Finance Act, 1994.

Background of the Case

Suzlon Energy Ltd, a leading manufacturer of Wind Turbine Generators (WTGs), had entered into agreements with its group companies—Suzlon Energy GmbH (Germany), AE Rotor Holdings BV (Netherlands), and Suzlon Blade Technology BV (Netherlands)—to import technical know-how and engineering designs for manufacturing WTGs in India. The agreements involved the outright purchase of intellectual property rights (IPRs) and technical know-how, including engineering drawings and designs.

The company filed Bills of Entry (B/Es) with customs authorities, classifying the imported goods under CTI 49119920 and paying Research & Development Cess (R&D Cess) at 5% of the value of the imported products. The customs department assessed the goods at a “Nil” rate of customs duty under applicable notifications and cleared them for home consumption.

However, following an excise audit, the department alleged that the imported goods were not merely engineering drawings and designs but constituted “Design Services” under the Finance Act, 1994. Consequently, two Show Cause Notices (SCNs) were issued, demanding service tax under the reverse charge mechanism for the periods 01.06.2007 to 30.09.2010 and 01.10.2010 to 30.09.2011. The total service tax demand amounted to ₹21,79,28,167.

Key Issues in the Case

The case was remanded to the Tribunal by the Hon’ble Supreme Court for consideration of two critical issues:
1. Classification of Services: Whether the imported engineering designs and drawings constituted “Design Services” under the Finance Act, 1994.
2. Extended Period of Limitation: Whether the department was justified in invoking the extended period of limitation for issuing the SCNs.
CESTAT’s Observations and Ruling

After a detailed examination of the agreements, statutory provisions, and arguments presented by both parties, the Tribunal ruled in favor of Suzlon Energy Ltd. The key observations and findings were:
1. Nature of the Transaction: The Tribunal concluded that the agreements between Suzlon Energy Ltd and its group companies involved the outright sale and permanent transfer of intellectual property rights, including engineering designs and drawings. The relationship between the parties was that of a buyer and seller, not a service provider and service recipient. Therefore, the transaction could not be classified as “Design Services.”
2. IPR Services: The Tribunal opined that the transaction was more appropriately categorized as “Intellectual Property Rights (IPR) Services.” However, since the IPRs were permanently transferred to Suzlon Energy Ltd, the group companies no longer held the rights, and the transaction did not fall under the taxable category of IPR services.
3. Extended Period of Limitation: The Tribunal held that the extended period of limitation could not be invoked in this case. It emphasized that the department failed to provide evidence of fraud, collusion, willful misstatement, or suppression of facts by Suzlon Energy Ltd. The company had complied with customs regulations and paid R&D Cess, demonstrating its belief that the transaction was not taxable under “Design Services.”
4. Penalties: The Tribunal also set aside the penalties imposed under Section 78 of the Finance Act, 1994, citing the absence of evidence to prove fraudulent intent or suppression of facts.
Final Verdict

The Tribunal set aside the impugned order dated 25.03.2013, which had confirmed the service tax demands and imposed penalties on Suzlon Energy Ltd. The appeals were allowed both on merits and on the grounds of limitation.

Implications of the Judgment

This ruling is a significant victory for Suzlon Energy Ltd and sets a precedent for similar cases involving the classification of imported technical know-how and intellectual property rights. The judgment underscores the importance of carefully analyzing the nature of transactions and agreements to determine their taxability under the service tax regime. It also highlights the need for the department to substantiate claims of fraud or suppression with concrete evidence when invoking the extended period of limitation.

As businesses continue to navigate complex tax regulations, this case serves as a reminder of the importance of maintaining transparent records and adhering to statutory requirements. It also emphasizes the role of judicial forums in ensuring fair and just outcomes in tax disputes. This decision is a testament to the importance of legal expertise and thorough documentation in resolving complex tax matters. It is a win not only for Suzlon Energy Ltd but also for businesses seeking clarity and fairness in tax compliance.

Source: CESTAT Mumbai

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December 15, 2025
CESTAT Chandigarh Overturns Service Tax Demand
ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 02.12.2025

CESTAT Chandigarh Overturns Service Tax Demand

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

In a significant win for M/s Fastway Aerospace Private Limited, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chandigarh, has set aside the impugned order passed by the Principal Commissioner, CGST, Ludhiana, confirming service tax demands and penalties. The case revolved around alleged inadmissible Cenvat Credit and short payment of service tax, but the Tribunal ruled in favor of the appellant, delivering justice after a prolonged legal battle.

Background of the Case

The appellant, M/s Fastway Aerospace Private Limited, a multi-system operator transmitting signals to local cable operators, was registered with the Service Tax department and availing Cenvat Credit on input services under the Cenvat Credit Rules, 2004. During an audit conducted between August and October 2015, discrepancies were noted in the appellant’s records, leading to a show cause notice issued by the department.

The allegations included:
1. Inadmissible Cenvat Credit of Rs.2,90,33,678/- due to invoices not meeting the requirements of Rule 9(1) of the Service Tax Rules, 1994.
2. Short payment of service tax amounting to Rs.64,534/- based on differences between the balance sheet and ST-3 returns.
The Principal Commissioner dropped a significant portion of the demand but confirmed Rs.8,28,713/- on account of inadmissible Cenvat Credit and Rs.64,534/- for short payment of service tax, invoking the extended period of limitation.

Key Arguments by the Appellant 

The appellant, represented by Advocate, challenged the impugned order on several grounds:
- The Commissioner traveled beyond the show cause notice by denying Cenvat Credit on grounds not mentioned in the notice.
- Payments to service providers were duly made, and there was no provision under which Cenvat Credit could be denied for non-payment.
- Revised ST-3 returns were filed, rectifying discrepancies between the balance sheet and returns, which the Commissioner failed to consider.
- The extended period of limitation was wrongly invoked, as it cannot be applied based on departmental audits.
CESTAT’s Observations and Decision

After hearing both parties, the Tribunal, led by Hon’ble Member Judicial, made the following observations:
1. The Commissioner had indeed traveled beyond the show cause notice, which is not permissible under the law.
2. There was no dispute regarding the rendition and availment of services, and all transactions were duly recorded in the appellant’s books of accounts.
3. The revised ST-3 returns eliminated discrepancies, making the demand of Rs.64,534/- unsustainable.
4. The extended period of limitation could not be invoked based on audit findings, as established in previous rulings such as Maruti Suzuki India Ltd and Hoshiarpur Automobiles.
The Tribunal concluded that the impugned order was not sustainable in law and set aside the demands, interest, and penalties. The appeal was allowed with consequential relief.

Implications of the Judgment

This judgment reinforces the principle that authorities cannot travel beyond the scope of the show cause notice and must adhere to procedural fairness. It also highlights the importance of considering revised returns and the limitations of invoking the extended period based on audits. The decision is a significant precedent for businesses facing similar disputes under the Cenvat Credit Rules.

Conclusion

The ruling by CESTAT Chandigarh is a testament to the importance of adhering to legal procedures and ensuring justice for taxpayers. M/s Fastway Aerospace Private Limited’s victory serves as a reminder that businesses must remain vigilant in defending their rights and challenging unjust demands. This case will undoubtedly be cited in future disputes involving Cenvat Credit and service tax compliance.

Source: CESTAT Chandigarh

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December 2, 2025
CESTAT Chennai Sets Aside Rejection of Shipping Bill Amendment and Upholds Exporter’s Right to Service Tax Refund
ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 27.11.2025

CESTAT Chennai Sets Aside Rejection of Shipping Bill Amendment and Upholds Exporter’s Right to Service Tax Refund

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

In a significant judgment, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai, has ruled in favor of M/s. Nissan Motor India Private Limited in Customs Appeal No. 41250 of 2015. The case revolved around the rejection of a request to amend shipping bills to claim a refund of service tax under Notification No. 52/2011-ST dated 30.12.2011.

Background of the Case

Nissan Motor India, engaged in the export of motor cars through Chennai/Ennore Port, sought a refund of service tax paid on specified services as a percentage of the FOB value of goods exported. However, the company failed to make the required declaration in its shipping bills at the time of export, which is a procedural requirement under the notification. Upon realizing the oversight, Nissan approached the Customs Authorities to amend the shipping bills to include the declaration, enabling them to claim the refund.

The Assistant Commissioner of Customs rejected the request, citing that the declaration was not made at the time of filing the shipping bills and amendments could not be considered post-export. Subsequently, Nissan filed an appeal with the Commissioner of Customs (Appeals-II), who upheld the rejection. Aggrieved by this decision, Nissan escalated the matter to CESTAT Chennai.

Arguments Presented

The appellant’s consultant, argued that the non-mention of the declaration was a procedural lapse and should not result in the denial of benefits intended for exporters. He cited precedents from various High Courts, including the Gujarat High Court (Reliance Industries Ltd.), Kerala High Court (Saint Gobain India Pvt. Ltd.), and Madras High Court (Pasha International), where similar procedural errors were rectified to ensure exporters received their rightful benefits.

On the other hand, the Revenue’s representative, contended that the appeal should be dismissed as the declaration was not made at the time of export. She referred to the CESTAT Chennai decision in the case of M/s. J.K. Tyre and Industries Limited, which involved a different context of converting shipping bills under the NFEI Scheme to the drawback scheme.

The Tribunal’s Decision 

After hearing both sides and reviewing the appeal records, the Hon’ble Member (Technical), delivered the final verdict on November 26, 2025. The Tribunal emphasized the importance of Section 149 of the Customs Act, 1962, which allows amendments to shipping bills if documentary evidence existed at the time of export. It was noted that Notification No. 52/2011-ST was in effect when the shipping bills were filed, and the government’s policy is to promote exports and avoid taxing them.

The Tribunal found that the lower authorities had not provided valid reasons for rejecting the amendment request, despite the existence of necessary documentary evidence. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief as per the law.

Key Takeaways
1. Procedural Lapses Should Not Deny Benefits: The judgment reinforces the principle that procedural errors should not prevent exporters from availing benefits they are entitled to under the law.
2. Section 149 of the Customs Act: The Tribunal highlighted the discretionary power of customs authorities to amend shipping bills if documentary evidence existed at the time of export.
3. Precedents Matter: The Tribunal relied on similar judgments from various High Courts, emphasizing the importance of consistency in legal decisions.
4. Promoting Exports: The decision aligns with the government’s policy to encourage exports and ensure that taxes are not exported.
Conclusion

This landmark ruling by CESTAT Chennai is a win for exporters, ensuring that procedural lapses do not hinder their ability to claim rightful benefits. It underscores the importance of a fair and balanced approach by authorities in dealing with procedural errors, especially when the intent and eligibility of the exporter are clear. This decision will undoubtedly serve as a precedent for similar cases in the future, promoting a more exporter-friendly environment in India.

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Source: CESTAT Chennai

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November 27, 2025
CESTAT Mumbai- No Service Tax Liability on Foreign Bank Charges under Reverse Charge Mechanism
ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 28.10.2025

CESTAT Mumbai- No Service Tax Liability on Foreign Bank Charges under Reverse Charge Mechanism

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, has delivered a judgment in favor of ICICI Bank Limited, setting aside service tax demands imposed by the Commissioner of Service Tax-I/IV, Mumbai. This decision, issued on October 23, 2025, addresses a long-standing dispute regarding the applicability of service tax under the Reverse Charge Mechanism (RCM) on foreign bank charges in export/import transactions.

Background of the Case

The appeals filed by ICICI Bank Limited challenged three Orders-in-Original issued by the Commissioner of Service Tax-I/IV, Mumbai. These orders demanded service tax, interest, and penalties for the periods between July 2012 and June 2017. The dispute revolved around whether Indian banks, acting as intermediaries for exporters and importers, should be considered recipients of services provided by foreign banks and, consequently, liable to pay service tax under RCM.

The Department argued that foreign banks deduct charges for processing import/export documents and remittances, and Indian banks, as recipients of these services, are liable to pay service tax under Notification No. 30/2012-Service Tax dated June 20, 2012.

Key Issues in the Case 

The Tribunal identified two primary issues for determination:
1. Whether Indian banks are the recipients of services in export/import transactions involving the transfer/exchange of documents and money on behalf of their client exporters/importers.
2. Whether Indian banks are liable to pay service tax on foreign bank charges under the Reverse Charge Mechanism.
Arguments Presented

Appellant’s Arguments:
- ICICI Bank argued that they act as advising banks for Indian exporters and facilitate transactions but are not recipients of services from foreign banks.
- The foreign bank charges are deducted from the remittance amount and paid by the exporter/importer directly, not by the Indian bank.
- The bank emphasized that there is no flow of consideration from the Indian bank to the foreign bank, which is a necessary condition for service tax liability under RCM.
- The bank cited several precedents, including the State Bank of Bikaner & Jaipur case, which held that Indian banks are not liable for service tax on foreign bank charges under RCM.
Revenue’s Arguments:
- The Department contended that Indian banks are recipients of services provided by foreign banks and are liable to pay service tax under RCM.
- They relied on a Trade Notice issued by the Chief Commissioner, Central Excise, Mumbai Zone-I, which clarified that Indian banks should pay service tax on foreign bank charges.
Tribunal’s Observations and Decision

After hearing both sides and reviewing the case records, the Tribunal concluded that Indian banks are not the recipients of services provided by foreign banks in export/import transactions. The Tribunal relied heavily on the precedent set by the State Bank of Bikaner & Jaipur case, which established that Indian banks merely act as facilitators for their clients and do not receive services from foreign banks.

The Tribunal also referred to the Madras High Court’s judgment in the BGR Energy Systems Limited case, which clarified that the liability to pay service tax on foreign bank charges lies with the exporter/importer, not the Indian bank.

Final Verdict

The Tribunal ruled that the service tax demands, interest, and penalties imposed on ICICI Bank Limited were not legally sustainable. Consequently, the impugned orders were set aside, and the appeals filed by ICICI Bank Limited were allowed.

Key Takeaways
1. No Service Tax Liability for Indian Banks: Indian banks acting as intermediaries in export/import transactions are not considered recipients of services from foreign banks and are not liable to pay service tax under RCM for foreign bank charges.
2. Precedents Matter: The Tribunal’s decision was heavily influenced by previous rulings, particularly the State Bank of Bikaner & Jaipur case and the BGR Energy Systems Limited judgment.
3. Clarity on RCM Applicability: The judgment reinforces the principle that service tax under RCM is applicable only when there is a clear flow of consideration from the service recipient to the service provider.
Conclusion

This landmark decision provides much-needed clarity on the taxability of foreign bank charges in export/import transactions. It is a significant relief for Indian banks, as it exempts them from service tax liability under RCM for such charges. The ruling also underscores the importance of legal precedents and the need for clear guidelines in interpreting tax laws. This case will undoubtedly serve as a reference point for similar disputes in the future.

Source: CESTAT Mumbai

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October 28, 2025
CESTAT Chandigarh- Service Tax Refund Granted for Rice Export Under Agricultural Produce Exemption

ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 08.09.2025

CESTAT Chandigarh- Service Tax Refund Granted for Rice Export Under Agricultural Produce Exemption

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

In a significant ruling, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chandigarh, has delivered a judgment in favor of M/s Bharat Industrial Enterprises Ltd., Taraori, Karnal, Haryana, in the matter of Service Tax Appeal No. 377 of 2011. This case highlights the interpretation of the term “agricultural produce” and its implications for service tax exemptions under Notification No. 13/2003-ST.

Background of the Case

M/s Bharat Industrial Enterprises Ltd. is engaged in the cultivation of paddy and the sale/export of rice obtained by de-husking paddy. During the financial year 2007-08, the company paid service tax under the Reverse Charge Mechanism for services availed from commission agents for export and domestic sales. Subsequently, they filed a refund claim of Rs. 13,63,497/- on the grounds that the commission services were exempt from service tax under Notification No. 13/2003-ST dated 20.06.2003.

While the Original Authority granted the refund, the Commissioner of Central Excise, Panchkula, disallowed the claim through an Order-in-Revision dated 30.11.2010, directing the appellants to deposit the refunded amount along with interest at 13% per annum. This led to the present appeal before the CESTAT.

Source: CESTAT Chandigarh

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September 8, 2025
CESTAT Mumbai- JNPT was not liable to pay service tax on royalty charges collected under BOT agreements

ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 01.09.2025

CESTAT Mumbai- JNPT was not liable to pay service tax on royalty charges collected under BOT agreements

This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

In a significant judgment, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, has ruled in favor of Jawaharlal Nehru Port Trust (JNPT) in a long-standing dispute over the applicability of service tax on royalty charges collected under Build-Operate-Transfer (BOT) agreements. This decision, delivered on August 14, 2025, sets a precedent for similar cases in the port sector and reinforces the legal position that royalty charges under such agreements do not constitute taxable services.

Background of the Case

The appellants, Jawaharlal Nehru Port Trust (JNPT), had entered into BOT agreements with private entities such as Nhava Sheva International Container Terminal (NSICT) and Bharat Petroleum Corporation Ltd. (BPCL) for the development and operation of container and liquid cargo terminals. Under these agreements, the private operators paid royalty charges to JNPT based on metrics like TEU (Twenty-foot Equivalent Unit) or Metric Tonne of cargo handled. The jurisdictional service tax authorities contended that these royalty charges fell under the category of “Port Services” and were subject to service tax. Consequently, 16 show-cause notices were issued for the period between July 2001 and March 2010, demanding service tax and penalties.

Source: CESTAT Mumbai

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September 1, 2025
CESTAT Ahmedabad Trade Discounts Are Not Taxable Services
ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 10.06.2025

CESTAT Ahmedabad Trade Discounts Are Not Taxable Services

The CESTAT Ahmedabad bench allowed the appeal of M/s Akshita Exports, setting aside a demand of over ₹32 lakhs in service tax, interest, and penalties.

The case revolved around the deduction of foreign commission in export invoices, which the Department alleged was taxable under Business Auxiliary Services (Section 65(105)(zzb) of the Finance Act, 1994). However, the Tribunal ruled that no such tax was applicable since there was no contract or payment made to any foreign commission agent by the appellant.

Background of the Dispute
- Akshita Exports exported goods between 2008–2009 and 2011–2012, with export invoices reflecting commission amounts deducted from the gross value.
- The foreign buyers paid the net invoice amount after deducting these commissions.
- The Department claimed the deductions constituted consideration for services rendered by foreign agents, thereby attracting service tax under reverse charge.
- The appellant contended that no foreign agent was engaged or paid directly, and the deductions were standard trade discounts to buyers.
This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

Source: CESTAT Ahmedabad

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June 10, 2025
CESTAT Delhi Ruling Favors Wellworth on Service Tax Limitation Grounds

ALO Law Office- IDT Tax I Arbitration I Litigation

Date: 08.06.2025

CESTAT Delhi Ruling Favors Wellworth on Service Tax Limitation Grounds

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Principal Bench, New Delhi, M/s. Wellworth Project Developers Pvt. Ltd. secured major relief as the Tribunal set aside the bulk of a ₹2.4 crore service tax demand. The case revolved around the invocation of the extended limitation period under Section 73(1) of the Finance Act, 1994, for the period 2013–18.

Key Case Highlights:

Background:

The dispute stemmed from a Show Cause Notice (SCN) dated 11.10.2019 that raised a demand of ₹2,40,96,546/- covering legal services, corporate guarantees, and advances from customers. The Commissioner had confirmed this demand along with interest and penalties, citing suppression of facts under the extended limitation period.

This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

Source: CESTAT Delhi

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June 8, 2025

Category: Service Tax

Limitation, Jurisdiction, and Pre-SCN Consultation in Customs and Service Tax Law

CESTAT Mumbai Ruled in Favor of Suzlon Energy Ltd in Service Tax Dispute

CESTAT Chandigarh Overturns Service Tax Demand

CESTAT Chennai Sets Aside Rejection of Shipping Bill Amendment and Upholds Exporter’s Right to Service Tax Refund

CESTAT Mumbai- No Service Tax Liability on Foreign Bank Charges under Reverse Charge Mechanism

CESTAT Chandigarh- Service Tax Refund Granted for Rice Export Under Agricultural Produce Exemption​ ​ ​ ​ ​

CESTAT Mumbai- JNPT was not liable to pay service tax on royalty charges collected under BOT agreements​

CESTAT Ahmedabad Trade Discounts Are Not Taxable Services

CESTAT Delhi Ruling Favors Wellworth on Service Tax Limitation Grounds

CESTAT Chandigarh- Service Tax Refund Granted for Rice Export Under Agricultural Produce Exemption

CESTAT Mumbai- JNPT was not liable to pay service tax on royalty charges collected under BOT agreements