International Tax Ruling


Govt. Trust, a 'dealer' liable to VAT on 'stressed asset' sale 

In a significant ruling impacting the tax liability of Govt. trusts under the VAT Act, Bombay HC holds that ‘Stressed Assets Stabilization Fund’ is a “deemed dealer” u/s 2(8) o...View More

Dismisses Revenue's SLP in Samsung case on taxability of charger sold along with mobile-phone 

SC dismisses Revenue’s SLP against Allahabad HC judgement in Samsung case which held that charger sold in singular retail mobile package is not taxable separately; Assessee submitted t...View More

Upholds Single Judge’s order invalidating lapse of credit on exports; Interprets semi-colon 

Madras HC dismisses Revenue’s writ appeal challenging the order of the Single Judge who set-aside the order of the Revisionary authority applying Rule-11(3)(ii) of CCR,2004 validating lapsing of...View More

Builder liable to tax on residential complex construction sans completion certificate from MCGM 

CESTAT Mumbai confirms service tax liability on realtor on the premise of non-submission of Completion Certificate by competent authority Municipal Corporation of Greater Mumbai (MCGM) for constructio...View More

Confines service tax demand on secondment of employees to normal period, citing limitation 

CESTAT Mumbai confines the service tax demand on ‘secondment of employees’ to the normal period, finding that “evidence placed on record for resort to the extended period of time as ...View More

Enhancement of declared value basis NIDB data, LME prices, sans contemporaneous import data, illegal 

CESTAT Chandigarh allows a batch of 105 appeals filed by importers against the order of Commissioner (A) which confirmed enhancement of the declared value of imported ‘aluminum scrap’ sole...View More

Clandestine removal solely basis balance sheet and ER-1 difference is 'presumptory'; Quashes demand 

CESTAT Delhi sets aside the demand of excise duty on clandestine removal based on difference in sale value of scrap as reported in balance sheet/trial balance and ER-1 returns; Emphasizing Revenue&rsq...View More

Absent specific evidence establishing trading of goods, sustains availment of credit; Drops demand 

CESTAT Mumbai allows appeal filed by the Assessee permitting availment of Cenvat Credit on input services received from various entities of Reliance for the purposes of rendering colocation services, ...View More

Setting up machining facility at clients premises not BAS; Quashes demand 

CESTAT Kolkata, placing reliance on its decision in Mohata Coal Company, rules that recovering ‘Supervision and Dealing Charges’ for setting up facilities at the premises of the clients in...View More

Following settled precedents, allows CENVAT Credit on premium towards deposit insurance 

CESTAT Mumbai allows appeal filed by Axis Bank (assessee) availing CENVAT Credit to the tune of Rs 59.68 Crores (approx) on tax arising on premium charged by Deposit Insurance and Credit Guarantee Cor...View More