International Tax Ruling


Charter-hiring rigs for drilling non-taxable absent 'right to use' transfer, 'contract' within State

HC holds that charter hire of ‘jack-up rigs’ used exclusively in the Arabian Sea for drilling operations does not amount to “transfer of right to use”, and ousts the jurisdicti...View More

Duty payment on higher of annual capacity / actual production not 'legal fiction' 

SC holds that Rule 5 of Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 (‘Rules of 1997’) is neither ultra vires the authority conferred u/s 3A of Central Excise Act, ...View More

Upholds Constitutional validity of mandatory appeal pre-deposit under West Bengal VAT Act

HC dismisses challenge to Constitutional validity of second provision to Section 84(1) of the West Bengal VAT Act, 2003 (‘WB VAT Act’) requiring pre-deposit of 15% of disputed tax for...View More

Amount deposited by mistake not ‘tax’; Refund not hit by limitation / unjust enrichment

CESTAT grants refund of amount deposited by mistake / good faith / pressure by assessees as service tax towards liaising services rendered to overseas client; Notes that soon after knowing the factual...View More

Peremptory Circular imposing penalty for errors in import manifest, contrary to law

CESTAT upholds adjudication order, allows amendment to bill of lading for adding consignee name despite no mention of consignee in import manifest, observing that Section 30 of Customs Act empowers pr...View More

Upholds SCN for determining taxability of 'dealer's incentives' post change in law

HC dismisses writ petition, holds that show cause notice issued to determine whether target based ‘incentive’ offered by Maruti Udyog in form of cash / quantity discount to dealers amounts...View More

Affirms HC; Batteries integral to 'Radio Receivers' taxable at concessional, not residual rate

SC dismisses Revenue SLP, affirms Rajasthan HC decision that ‘batteries’ supplied to the Army for purpose of Radio Communication Receivers are taxable at 4%, instead of 12.5% as claimed by...View More

Upholds luxury tax on resort members availing free accommodation under time-share arrangement 

Kerala HC upholds Luxury Tax levy on members availing free accommodation provided by the Resort under timeshare arrangement; Notes that as per the Kerala Taxes on Luxuries Act, 1976 (LT Act), luxury t...View More

Upholds CESTAT findings; Separate SCN requisite when goods cleared from fictitious unit 

HC concurs with CESTAT that once Revenue concludes that assessee cleared manufactured goods through a fictitious unit which is very much capable of carrying on business, then such unit should independ...View More

Canteen Store Department constitutes 'institutional consumer'; Supplies assessable at "transaction value" 

Clearance of goods in bulk for further distribution / supply to ‘Canteen Stores Department’ (CSD) assessable on the basis of ‘transaction value’ u/s 4, not 'Maximum Retail Pric...View More