International Tax Ruling


Corporate-guarantee received by 'India Yamaha Motor' from parent company not taxable pre-July 2012 

CESTAT Delhi rules that fee paid by India Yamaha Motor (assessee) to its parent entity in Japan in lieu of ‘corporate guarantee’ given by later would not be taxable under ‘Bank ...View More

State's power to grant exemptions on interstate sales remains unaffected post-2007 CST Act amendment 

Himachal Pradesh HC dismisses Revenue's revision petition, affirming Tax Tribunal decision on State’s power to issue notifications u/s 8(5)(b) of CST Act, granting total or partial exemption on ...View More

Upholds levy on commission received for advisory services to Cooperative Society, extended-period invocation 

CESTAT Delhi upholds service tax demand against Assessee on commission received for advisory provided to Adarsh Adarsh Credit Cooperative Society Ltd. (ACCSL),a defunct ponzi scheme,&nb...View More

Legislature contemplates adjournments to three dates; Critiques fixing successive dates, hearing-opportunity denial 

Allahabad HC sets-aside the adjudication order creating duty demand while critiquing fixing three 'successive dates' of hearing by a single notice; The Assistant Commissioner, CGST & Central ...View More

CNG sold to BEST assessable at transaction-value, not price charged to other customers 

CESTAT Mumbai quashes excise-duty liability on trade discount offered by Mahanagar Gas Ltd. [MGL/assessee] to Brihanmumbai Electric Supply and Transport (BEST), a bulk buyer of Compressed Natural Gas ...View More

Cannot saddle unit with interest, penalty for delayed payment of exempted duty 

Gauhati HC rules that assessee (unit located in north-east) "cannot be saddled with the liability of payment of interest and penalty for delayed payment of duty which was exempted" as per Notification...View More

Grants regular bail to accused booked for offence u/s 132, considers parity and incarceration suffered 

Punjab & Haryana HC allows regular bail application of assessee booked for offences punishable under Sections 406, 420, 419, 465, 467, 468 and 471, 120-B of IPC (Sections 409 of IPC added later) a...View More

'Transporter' entitled to interest on refund from Tribunal order, not deposit date 

Delhi HC, in a matter where refund was sanctioned under the DVAT Act, 2004 pursuant to success in litigation before the VAT Appellate Tribunal, which further lead to interest entitlment, upholds Reven...View More

Receipt of ‘Royalty’ by Pan Parag construable as ‘non-exclusive license’ rather than ‘right to use’ 

Allahabad HC rules in favour of dealer/Pan Parag India on whether franchise of a trademark constitutes a transfer of the right to use goods, thereby making it subject to VAT; Observes that ”Fran...View More

Contract execution, not work-order date relevant for refund computation: Allows appeal 

CESTAT, Delhi sets-aside order denying refund of service tax paid on “works contract services” provided by the Assessee to Govt. local or Govt. authority under contract/agreement, which se...View More