International Tax Ruling


Upholds CESTAT, declared transaction/assessable value rejection unsustainable sans evidence/reasons by Department

SC dismisses Revenue’s appeal against order of CESTAT which accepted declared transaction value (TV)/assessment value (AV) of imported Aluminium Scrap absent evidence furnished by Department to ...View More

Upholds CESTAT, allows refund of service tax paid on brokerage collected from FIIs

HC dismisses Revenue’s appeal against order of CESTAT allowing refund of service tax paid on brokerage charges collected from the Foreign Institutional Investors (FIIs); CESTAT had held that, in...View More

Directs CENVAT credit reversal on surplus electricity wheeled out to Grid for consideration 

CESTAT dismisses assessee’s appeal, disallows CENVAT credit in respect of surplus electricity wheeled out to Chhattisgarh Grid on payment of consideration; States that, electricity cannot be con...View More

'GTA service' credit inadmissible beyond 'place of removal', interprets 'input service' definition 

CESTAT upholds recovery of CENVAT credit availed by assessee in respect of service tax paid for outward transportation of goods from 'factory gate' to customer’s premises; Perusing “input ...View More

Dismisses writ, condemns Petitioner for filing different writs on same issue, imposes cost 

Madras HC dismisses writs filed by assessee noting that different writs were filed on one and the same issue, in different names; Remarks, “petitioner is trying to play fraud with the Court by f...View More

Absent cogent reason, imposition of additional payment condition for appeal admission unsustainable

Madras HC allows assessee’s writ challenging condition to pay another 25% of disputed tax liability and furnish bank guarantee for remaining tax liability and penalty where assessee already paid...View More

Goods appropriates upon offer crystallisation, no sales tax where goods move pursuant to concluded order 

Delhi HC upholds findings of Tribunal which held that supply of goods from Mumbai to Delhi to execute works contract by assessee, engaged in supply, erection, commissioning and installation of lifts/e...View More

Absent adjudication, directs assessee's removal from 'Alert' list, however, refuses quashing SCN

HC refuses exercise of writ jurisdiction seeking quashing show cause notices (SCNs) imposing late fine charges along with penalty; Notes Revenue’s plea that in order to avoid late payment charge...View More

'Interchange fees' received by Issuing Bank not taxable as 'Credit Card Service', distinguishes LB 

CESTAT rules in favour of assessee, holds ‘interchange fees’ received by Issuing Bank (i.e. assessee) from Acquiring Bank as a result of transaction by a credit card holder not taxable as ...View More

Services not confined to 'support', a Management Consultancy, Rule 6(5) credit restriction inapplicable

CESTAT holds that services of assisting/helping foreign company located outside India in procuring orders from India and facilitating sale of imported goods to customers in India, constitutes an &lsqu...View More