International Tax Ruling


Charges collected from customers towards SKID-equipment taxable as 'Tangible Goods Supply' service

SC 3-Judge Bench allows Revenue’s appeal, upholds Rs. 2.83 crores service-tax demand on supply of supply of pipes and measurement equipment (SKID equipment) for supplying gas by Adani Gas Ltd. u...View More

Upholds validity of DGFT Notification, power of Central Govt. to impose “quantitative restrictions”

SC rules that Central Government has authority to impose quantitative restrictions by an order u/s 3(2) of Foreign Trade (Development and Regulation) Act, 1992 (FTDR Act); Upholds validity of (i) DGFT...View More

Dismisses Ex-COO, KPMG's writ against SCN issued for FTP/SFIS violation, being 'premature'

Delhi HC dismisses Ex-COO, KPMG's petition referring it to be premature, directs Petitioner to file a reply to SCN on which the Revenue shall adjudicate upon in accordance with the law; Notes that the...View More

Quashes demand on construction-service rendered pre-June 2007, however assessee to deposit amount already collected

CESTAT sets aside demand of service tax along with interest on construction services rendered to Ministry of Defence for period prior to June 1, 2007 when works-contract were brought into tax-net; How...View More

Incentive/Subsidy under Industrial-Policy not confined to VAT but also includes Entry-Tax & CST

Patna HC holds that State Government has envisaged to give subsidy / incentive, under the Bihar Industrial Incentive Policy, 2006 (IP) qua the amount of admitted VAT, which also includes Bihar Entry T...View More

Dismisses Assessee's appeal for settlement under Amnesty Scheme, waiver of penalty impossible unless tax paid

Kerala HC upholds Single Judge’s order that a person who has obtained possession of the vehicle on promise to pay redemption fine cannot wriggle out of the liability after few years by even agre...View More

Allows FORM-C for 'Low-Sulphur-Heavy-Furnace-Oil' procurement to Power-Corporation, quashes penalty

Madras HC quashes the penalty charged u/s 10A of CST Act, 1956 equal to 150% of tax against the petitioner for improper procurement of Low sulphur Heavy Stock Furnace Oil from oil companies against C-...View More

Upholds CESTAT's remand orders, lays down principles for goods valuation pre & post 2000 amendment

SC disposes a batch of appeals alleging undervaluation of goods removed by the assessees for sale to or through dealers which was upheld by the CESTAT and Adjudicating Authority, remands the matter ba...View More

Transfer-of-right to collect Toll to subsidiary w.r.t. concessionaire-agreement, a 'franchisee-service'

CESTAT upholds demand of service tax on assessee under franchise service in terms of section 65(105)(zze) of Finance Act, 1994 for representational right given to 100% subsidiary (GTBPL) in respect of...View More

Quashes subsidiary's marketing-expenses inclusion in holding entity's clearance-value, remands matter

CESTAT B’lore quashes orders-in-appeal confirming demand while rejecting Revenue’s view that the marketing expenses incurred by the subsidiary should be included for purposes of valuation ...View More