International Tax Ruling


Services being "Work Contract Services", quashes demand under head “Commercial or Industrial Construction service”

CESTAT, New Delhi sets-aside service-tax demand under the head of “Commercial or Industrial Construction service” for period prior to 2012, holds that for the said period, the demand canno...View More

Directs refund of short-duty deposited owing to audit objections, absent SCN

CESTAT Delhi rules that deposit of short duty by assessee at the time of Revenue audit, in absence of any SCN as required u/s 11A of Central Excise Act, cannot be held to be payment against the demand...View More

Application before Settlement Commission filed without SCN issuance ‘defective and premature’, not maintainable

Bombay HC finds that in absence of any show cause notice (SCN) issued by Revenue against assessee, the application for settlement filed by assessee is “defective and premature”; Remarks &l...View More

Requires LB constution to decide BCD exemption on 'digital still image video cameras'

CESTAT Delhi refers the matter to President of Tribunal for constituting a Larger Bench for deciding (i) question of BCD exemption on ‘digital still image video cameras’ and (ii) correct i...View More

Provision in 'Handling of Cargo in Customs Area Regulations' curtailing charging rent/demurrage challenged

Gujarat HC hears challenge to constitutional validity of Regulation-6(1)(i) of Handling of Cargo in Customs Area Regulations, 2009 on the ground of being ultra-vires the Customs Act, 1962, issues Rule...View More

Declares as 'ultra vires' State's Office Memorandum prescribing pre-condition for Form C/F

Bombay HC(at Goa) sets-aside portion of Goa Sales Tax Authority’s Office Memorandum (OM) which insisted that the assessee furnish an undertaking concerning payment of all taxes, interest and pen...View More

Can’t address dis-entitlement to exemption when key aspects not considered by Revenue

Meghalaya HC rules that demand of excise duty upon soya chunks manufacturer (assessee) cannot be raised by denying exemption under the Exemption Notification, without addressing 3 key aspects, i.e. wh...View More

Upholds scrap sale-value inclusion in assessable value of clearances by job-worker

CESTAT Mumbai holds that value of scrap, retained by assessee in respect of products manufactured and cleared by them on job-work basis, requires to be included in assessable value in terms of Central...View More

Partner and partnership firm not distinct persons; Remuneration is share-in-profit, not taxable

CESTAT Bangalore rules that no service tax can be demanded on remuneration received by a partner on the ground that partner and partnership firm are n...View More

CESTAT absolutely correct to quash demand on 'revenue sharing arrangement' between multiplex/cine-exhibitor and film-distributors

SC sets-aside demand against Inox under ‘business support services’ (BSS), settles issues relating to taxability of ‘revenue share arrangement’ between exhibitors and distribut...View More