International Tax Ruling


Disposal of Iranian-nationals' valuables, without following statutory procedure, “unconstitutional”; Directs restitution 

Bombay HC declares the Customs authorities’ act of disposing 'gold bangles' belonging to two Iranian nationals (Petitioners) as void, illegal, and unconstitutional emphasizing that the disposal ...View More

Manpower provided for ERP software maintenance not 'sale' but 'service simplicitor'; Allows Atos-India's appeal

Bombay HC rules that agreement to provide manpower for repair/maintenance and bug fixing services in relation to software, whose full ownership, source code and intellectual property remains at the ha...View More

X-ray of pipeline a ‘works-contract'; Quashes demand under 'technical inspection and certification service’

CESTAT Ahmedabad holds that activity of X-ray of pipeline qualifies as ‘works contract service’ on finding that it is provided along with material i.e. Xray films, while drawing parallels ...View More

No-show charges for hotel-booking cancellation not liable to tax; Service-charges collected by restaurant taxable 

CESTAT, New Delhi interprets the term ‘consideration’, holds that “no show charges” i.e. forfeiture of the amount received by a hotel from a customer on cancellation of the boo...View More

DGFT Policy Circular amending FTP retrospectively w.r.t. EO fulfilment condition for all exports 'invalid'

Gujarat HC holds that, paragraph no. 5.10(c) in revised Handbook of Procedures -2015-20 r/w Policy Circular dated March 29, 2019 is ‘prospective’ in nature qua the EPCG Authorisation, whic...View More

Denounces Assessee's dishonest conduct for collecting taxes but not remitting to Govt.; Dismisses appeal

Bombay HC declines to entertain appeal filed by Assessee who collected sales tax from its customers but chose not to pay over the sum to the Government and only after he was investigated in pursuance ...View More

Rules on creation of first charge over attached property; State's claim to be given precedence

Supreme Court dismisses Punjab & Sind Bank's appeal in relation to creation of priority for secured creditors, affirms HC’s denial of preference claim by Bank over defaulting borrower’...View More

‘Fee’ collected by Indian-lab for biometric-registration of workers on Malaysian employment-portal not taxable

CESTAT Chennai sets-aside demand of service tax on fees collected by assessee (Indian Lab) for biometric registration of candidates seeking employment in Malaysia and uploading...View More

Sponsored Research Projects undertaken by IIT-Madras for private agencies/Govt. not 'service' 

CESTAT Chennai dismisses the demand of service tax on IIT, Madras [Centre for Industrial Consultancy and Sponsored Research or ICSR] under the head of ‘Scientific and Technical Consultancy&rsquo...View More

Chief Commissioner’s decision an 'appealable order'; Rejects Revenue's challenge to CESTAT's jurisdiction 

Telangana HC holds that no provision under the Customs Act, 1962 envisages that a decision taken by Chief Commissioner (CC) would not be appealable, thus, rejects Revenue’s appeal finding no inf...View More