International Tax Ruling


Rigs imported for repair not taxable, but penalty imposable for statutory violation

SC holds that rigs imported to India solely for the purpose of repair would not constitute ‘taxable import’ since they are not ‘goods’ under Customs Act; However, provisions of...View More

Garnetting synthetic fibre waste not "manufacture"; Rejects Revenue's reliance on Chapter Note

No excise duty payable on process of garnetting / carding synthetic filament / fibre waste, as same does not amount to “manufacture”; Rejects Revenue’s reliance on Chapter Note 3 of ...View More

Rent from leasing Computer Colour Display Machines not taxable as BoFS

Rent received by paint manufacturer from leasing of Computer Colour Display Machines to dealers not taxable as “Banking and other Financial Services” (BoFS) u/s 65(12) r/w Section 65(105)(...View More

Sets aside disciplinary action against VATO; However, confirms interest on delayed refund

SC upholds HC order which barred reopening of assessment beyond limitation period of 4 / 6 years prescribed u/s 34 of DVAT Act; HC had also allowed VAT refund to assessee which had become due within e...View More

Denies exemption on 'sub-assemblies' manufactured on job-work, absent duty liability on 'tractors'

CESTAT disallows benefit of exemption under Notification No. 214/86-CE to sub-assemblies manufactured on job-work, which are further used for exempted tractors; Rejects assessee’s contention tha...View More

Reiterates pre-condition of suppression for invoking extended limitation; Quashes demand on 'franchise-service'

CESTAT quashes show cause notice demanding service tax under ‘Franchise services’ category in respect of income earned from ‘joining & business fee’ and ‘business ren...View More

Denies sales tax deferral to PSI units on sale of DEPB license

Bombay HC denies deferral of sale tax liability in respect of sale of DEPB by the assessee, holding eligibility certificate under Package Scheme of Incentives; Notes that eligible industrial units hol...View More

Cannot assess escaped tax liability invoking reassessment powers beyond stipulated limitation period

HC quashes re-assessment order and consequential demand of additional tax + interest, being beyond limitation period of 8 years under Assam General Sales Tax Act, 1993 (AGST Act); Rejects Revenue&rsqu...View More

Absent machinery provisions, VAT not leviable on building contracts before May 17, 2010

P&H HC quashes levy of VAT on builders prior to May 17, 2010, absent machinery provisions under Haryana VAT Act or Rules framed thereunder for calculation of ‘taxable turnover’; Holds ...View More

Filling gases from tanker to cylinders, mixing more than one gases, not 'manufacture'

SC upholds CESTAT order, activity of regassification and packing of pure argon and nitrogen in smaller cylinders and mixing inert gases (like argon, nitrogen, helium, etc) with other gases like oxygen...View More