International Tax Ruling


Quashes service tax demand on booking of flats, mutual fund agent commission, legal expenses 

CESTAT Allahabad quashes demand of service tax on amount of advances received from prospective buyers (i.e. booking amount) under the head ‘Construction of Residential Complex’; Examining ...View More

Remands for de-novo adjudication to consider issues pertaining to abatement and cum-duty benefits; Allows appeal 

CESTAT Chennai allows Assessee’s appeal remanding the matter to the adjudicating authority for re-consideration on the issue of claiming partial exemption in respect of services provided to educ...View More

Sets-aside order passed without considering Assessee’s cross-objections; Drops demand 

CESTAT Chennai allows appeal filed by the Assessee setting aside the order passed by Commissioner (Appeals) that failed to consider the cross-objections filed by the Assessee against Revenue’s a...View More

Liquidated damages/penalty collected from vendors for contract breach, not taxable as ‘declared service’ 

CESTAT Ahmedabad holds that liquidated damages/ penalty collected from vendors.suppliers for breach of contract, does not come under the purview of declared service as defined u/s 66E (e) of the Finan...View More

Upholds tribunal ruling on exemption granted to imported Wireless-Access-Points usable in MIMO technology 

Delhi HC upholds ruling of CESTAT, New Delhi that interpreted exclusion entry (iv) of Serial No. 13 of the amended Notification No. 25/2005 to entail imported WAPs workable on MIMO technology for exem...View More

Copy of SC judgment allowing Patanjali Foods refund of BG encashed before final determination 

SC holds that the principle of unjust enrichment will not apply to application for refund where Bank Guarantee (BG) is encashed by Revenue before final determination of matter pending before the Court...View More

Absent invocation of a specific provision in SCN, imposition of penalty unsustainable 

Allahabad HC sets aside penalty imposed under Section 54(1)(15) of UP VAT Act, 2008 for transporting computers without Form 39, holding that the order is void ab initio as no notice was issued under a...View More

Allows L& T exemption on concrete-girders manufactured off-project site and cleared to Banglore Metro project 

CESTAT Bangalore finds Larsen & Toubro Ltd. (assessee) eligible for central excise duty exemption on clearance of ‘reinforced concrete girders’ manufactured by assessee in precasting y...View More

Sub-contractor liable for service tax despite main contractor’s payment; Remands matter for recomputation 

CESTAT Ahmedabad rules that a sub-contractor remains liable to pay service tax even if the main contractor has already paid it, while remanding the matter for recomputation of demand under ‘Cons...View More

Food sales at PVR Counters not services, taxable only in Gold class 

CESTAT Delhi rules that supply of food and beverages over the counter within a cinema complex does not constitute a taxable ‘service’ but is merely a transaction of sale of goods; Examinin...View More