International Tax Ruling


Software supplied electronically not excisable goods, value excludible for computing SSI threshold

CESTAT Mumbai observes that software supplied electronically through internet is not excisable good thus its value could not have been added for the purpose of computing aggregate value of goods ...View More

Invoking extended limitation period not justified where non-payment resulted from genuine belief 

CESTAT Ahmedabad rules that invocation of the extended period of limitation to raise demand is not justified where the assessee held a belief that they are not liable to discharge service tax; In the ...View More

Permits Non-Basmati Rice export where vessel arrives at port before imposition of prohibition

Gujarat HC directs the customs authorities to permit export of 13,500 MT of Non-Basmati Rice noting that vessels for loading the said goods for export had arrived in India prior to...View More

LIC liable to pay tax on leased property as tenant; Dismisses writ-appeal 

Karnataka HC, in an intra-court appeal refuses to interfere with the order of Single Judge finding the Life Insurance Corporation of India (LIC/Appellant) liable to pay service tax on leased property ...View More

Letter furnished during audit giving turnover break-up, not 'quantification' for SVLDRS; Dismisses writ

Bombay HC dismisses writ, holds that a letter by assessee furnishing information for the purposes of internal audit i.e. turnover of dutiable goods and exempt goods,...View More

Refund-claim maintainable without challenge to self-assessed return; Larger Bench answers reference in 2:1 majority

CESTAT Chandigarh (Larger Bench) vide a majority of 2:1, holds that “refund of service tax is maintainable in the absence of any challenge to assessment or self assessment in appeal under t...View More

Prime location/Floor-Rise Charges collected by developer not taxable as 'works-contract'; Allows revision

Karnataka HC holds that ‘works contract’ does not include ‘preferential location’, therefore, Revenue's order rejecting assessee’s request to exempt Prime Locat...View More

Quashes demand on advance received for renting when service provided post change in tax-rate

CESTAT, New Delhi holds that Point of Taxation in case of change in effective tax rate is to be determined as per Rule 4 of Point of Taxation Rules, 2011 (POTR), allows appeal filed by&...View More

‘Wet grinder’ without retail sale price to TN Civil Supplies Corp not excisable 

CESTAT Chennai sets aside differential duty demand of Rs. 5 crores approximately on finding that Tamil Nadu Civil Supplies Corporation is not an ‘institutional consumer’ for the purpose of...View More

Quashes 14 year old SCN citing expiry of time-limit under unamended Sec. 28(9)

Delhi HC allows writ petition assailing a show cause notice (SCN) issued 14 years ago by the DRI, considering that the period prescribed u/s 28 (9) of the Customs Act as it existed prior to ...View More