International Tax Ruling


Affirms liability on commission towards parent company's corporate guarantee; Agency commission exempt

CESTAT confirms service tax liability on commission paid to parent company in lieu of corporate guarantee executed in favour of Indian banks for facilitating lending of funds to assessee; Notes that a...View More

Admits SLP; Abstains coercive recovery of VAT on repossessed hypothecated vehicles' sale 

SC admits SLP, abstains Revenue from any coercive action against assessee, a financing company, towards sale of repossessed hypothecated vehicles upon failure of borrower to repay the loan, under Raja...View More

Absent representational right by NIXI to accredited registrars, 'franchise service' demand unsustainable 

CESTAT sets aside service tax demanded on fees collected by domain registration company (assessee) from registrars towards accreditation, as consideration for rendering ‘franchisee services&rsqu...View More

Denies 'capital goods' credit absent timely claim; Credit provision cannot be "truncated" 

HC upholds disallowance of input tax credit on capital goods where such claim was made after expiry of time stipulated u/s 19(11) of Tamil Nadu VAT Act i.e. before end of financial year or 90 days fro...View More

Accepts proportionate credit reversal towards exempted banking services; Rule 6 'options' not enforceable 

CESTAT grants respite to public sector bank, sets aside service tax demand towards non-reversal of CENVAT credit equal to 6% of value of exempted services rendered during the period April 2009 to June...View More

Allows VAT subsidy deduction from transaction value; Follows coordinate bench ruling 

CESTAT allows deduction of VAT subsidy from assessable value of manufactured goods, for the purpose of discharge of excise duty under Central Excise Act; Follows coordinate bench ruling in Shree Cemen...View More

Condones 152 days delay in filing appeal; 'Substantial justice' prevails over 'non-deliberate' delay

HC condones delay of 152 days in filing appeal before Commissioner (Appeals) in a dispute involving CENVAT credit eligibility on rent-a-cab service and service tax exigibility on Director's remunerati...View More

Stays recovery of VAT on STBs provided by DTH operators to subscribers

HC stays recovery of VAT on Set Top Boxes (STBs) provided by DTH operators to their operators; According to assessee (DTH operator), the transaction does not involve transfer of right to use STBs and ...View More

Revenue appeal non-maintainable as taxing royalty towards trademark usage relates to classification 

P&H HC dismisses Revenue appeal on ground of maintainability u/s 35G(1) and 35L(ii) of Central Excise Act, since the question involved classification of royalty received towards use of trademark o...View More

Allows CVD credit where goods imported for 'fictitious' firm, but consumed by SSI-unit 

HC allows CENVAT credit of countervailing duty (CVD) in respect of PVC resin that was imported for use by another firm of assessee proprietor but eventually used to manufacture PVC battery separator b...View More