International Tax Ruling


Purchase agent's commission received as portion of exporter's proceeds an indirect 'foreign exchange' receipt 

CESTAT allows assessee’s appeal, holds that commission received by assessee as percentage of purchase for acting as purchase agents for foreign principal amounts to receipt in convertible foreig...View More

Upholds CESTAT, non-refundable deposits from prospective flat buyers not taxable as ‘maintenance service’ 

Bombay HC dismisses Revenue’s appeal against order of CESTAT which held that assessee was not providing Management, Maintenance or Repair (MMR) service by merely collecting amount from prospecti...View More

Dismisses assessee’s appeal, cross-examination request at stage of SCN issuance, 'premature' 

CESTAT upholds order rejecting assessee’s request for cross examination of witnesses absence adjudication of Show Cause Notice (SCN) issued by Department based on documents recovered during inve...View More

Mere Form-F production not conclusive proof of 'stock-transfer', upholds taxability absent records submission 

HC sets aside claim of inter-state stock transfer of goods (i.e. ghee) by assessee to its C&F agent on the strength of Form-F absent production of relevant records inspite of notice and discharge ...View More

Charter of Aircraft/Helicopter taxable as 'Supply of tangible goods", applies Global Vectra ratio

CESTAT holds that activity of supply of Aircraft/Helicopter on chartered basis is taxable as 'supply of tangible goods for use' (SOTG) service u/s 65(zzzzj) of Finance Act, 1994, relies upon ratio of ...View More

Upholds PRC's rejection of DFIA validity extension, dismisses 'commercial expediency' & 'genuine hardship' plea 

Delhi HC dismisses assessee’s writ, finds no infirmity in rejection of application by Policy Relaxation Committee (PRC) for extension of validity period of Duty Free Import Authorisation (DFIA);...View More

Allows refund of erroneously paid duty to 100% EOU on goods removed for destruction 

CESTAT allows refund of duty paid erroneously on goods (i.e. rejected inputs and expired pharmaceutical products) removed for destruction by a 100% EOU unit to Madhya Pradesh Waste Management Project,...View More

Form-F denial for lapse of return-revision period unjustified, where transaction is genuine 

HC allows assessee’s writ against Revenue’s denial to issue F-Forms after lapse of time prescribed for revision in returns u/s 28 of Delhi VAT Act, 2004 absent any dispute over genuineness...View More

Quashes reassessment on 'used-car' dealer, concerned officer to bear cost of 'whimsical order'

HC allows assessee’s writ petition, quashes re-assessment order imposing difference of purchase tax of Rs. 8 crores (approx) u/s 3(2) of Karnataka VAT Act, 2003 on a dealer engaged in sale and p...View More

‘Hybrid Amplifier’, to boost signal, not a television part, but an electronic component 

Bombay HC upholds classification of ‘Hybrid Amplifier’ under Schedule Entry C-II-126 of Bombay Sales Tax Act, 1959 (Act), which deals with electronic systems, instruments, appliances and c...View More