International Tax Ruling


'Time bound', 'beta' software not identical to Fully Packaged software; Rule 4 valuation inapplicable 

CESTAT rejects valuation of time bound software (trials / demos) and beta software imported from related parties taking into consideration price of Fully Packaged Product (FPP) software under Rule 4 o...View More

Cannot deny SSI exemption for mere use of third party brand name

CESTAT holds that exemption accorded to small scale industries under Notification No. 8/2001-CE cannot be denied because brand name used by assessee is registered with another person; Referring to SC ...View More

'Related-party' imports assessable at greatest aggregate sale-price to institutional buyer, not MRP

CESTAT rejects valuation adopted by Deputy Commissioner, Special Valuation Branch by way of backward calculation of related party imports, viz. making deductions from the ‘retail sale price&rsqu...View More

Spot billing of electricity meters for MSEDCL taxable as "BAS", not "IT service"

CESTAT holds that activity of spot-billing of electricity meters for Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) is taxable as “business auxiliary service” under claus...View More

NCCD not exempt under area based Notification; Dismisses assessee's 'beneficial' interpretation plea

HC dismisses writ petition, holds that area based excise duty exemption under Notification No. 50/2003-CE not extendable to National Calamity Contingent Duty (NCCD) and Cesses thereon; Rejects assesse...View More

No additional excise duty on textiles when basic duty exempt under Notification 

CESTAT dismisses Revenue appeal, holds that no additional excise duty is leviable on textile articles when same are exempt from basic excise duty under Notification No. 67/95-CE; Referring to Section ...View More

Allows Revenue appeal; Sets aside reduction of statutory penalty by CESTAT

SC allows Revenue appeal, sets aside CESTAT order reducing quantum of penalty levied by Adjudicating Authority; Notes that assessee had confined the challenge to imposition of penalty without dis...View More

Ballasts, boulders, chips supplied to Railways, classifiable as 'minerals', Applies 'common parlance' test

Orissa HC upholds Tribunal, ballasts, boulders or chips supplied to Railways is “mineral” as per  Entry 117 of Schedule provided under Orissa Sales Tax Act, 1947 (Act), exigible to ta...View More

Condones 111 days delay; Accepts assessee's 'procedural rigours in filing appeal' plea

CESTAT condones delay of 111 days in filing appeal owing to internal procedures that had to be completed before filing appeal; Notes that assessee is a body of Central Govt. entrusted with statutory r...View More

Adjudicating Authority can apply applicable law notwithstanding different charging section in SCN

HC finds no merit in writ petition, upholds confirmation of service tax demand against assessee thereby rejecting contention that show cause notice was issued without application of mind and in violat...View More