International Tax Ruling


Cash refund of unutilized credit impermissible; SLP dismissal not 'declaration of law'

Larger Bench (LB) of Bombay HC rules in favour of Revenue, holds that cash refund u/s 11B is not permissible when CENVAT Credit on inputs remains unutilized on account of closure of manufacturing unit...View More

'Bona-fide' belief should be explained 'reasonably', upholds SCN despite prior tax, interest payment

Bombay HC dismisses assessee’s appeal, denies benefit of Section 73(3) of Finance Act, 1994 in respect of notice issued u/s 73(1) for non-payment of service tax under GTA service; Observes that,...View More

Court cannot 'make' but only clarify 'law', rejects Builder's plea for 'interest' waiver

Bombay HC dismisses appeal filed by assessee-builder, seeking waiver of interest u/s Section 30(2) of Maharashtra Value Added Tax Act, 2002 (Act) on account of delayed payment of tax; Rejects assessee...View More

Allows exclusion of reimbursements subject to production of 'documentary evidence', remands matter

CESTAT allows Revenue's appeal by remanding matter to lower authority, directs computation of actual service tax liability of the assessee after giving due allowances to amounts claimed as reimburseme...View More

Upholds ITC denial to assessee absent verification of tax payment by vendors

Bombay HC dismisses assessee’s appeal against Tribunal’s order denying ITC where evidence of tax being paid by vendors was not forthcoming; Tribunal found that assessee failed to make any ...View More

Quashes demand under Rule 6(3) on 40% non-taxable component in 'catering service'

CESTAT allows assessee's appeal, quashes demand on 40% non-taxable component of ‘outdoor catering’ service determined in terms of Rule 2C of Service Tax (Determination of Value) Rules, 200...View More

Sub-contractor liable to service tax despite discharge of tax by main contractor

CESTAT Larger Bench (LB) holds a sub-contractor liable to Service Tax even if the main contractor has discharged liability on the work assigned to sub-contractor, overrules decisions taking a contrary...View More

'Marketing Division' transferred as 'slump-sale' along with 'trade-marks', not ‘Franchise’ service

CESTAT quashes demand under ‘Franchise’ service as defined u/s 65 (105)(zze) of Finance Act, 1994 in respect of sale of marketing division of nutraceutical business for consideration of Rs...View More

No bona-fide error in mis-declaring parts/accessories to avail EPCG benefit, upholds confiscation

CESTAT upholds confiscation of goods u/s 111(m) of the Customs Act, 1962 (Act) on account of mis-declaration of goods as part and accessories of engine for availing benefit of exemption under EPCG sch...View More

Directs Revenue to clarify procedure under Exemption Notification for 'gold' re-import

HC directs Revenue to clarify the procedure for availing benefit under Notification No. 25/2001-Customs dated March 1, 2001 which exempts import of Gold and Silver produced out of Copper Anode Slime (...View More