International Tax Ruling


Packaging pre-determined quantity of spares in plastic bags, does not constitute 'manufacture'

Packaging of ‘O’ rings and ‘U’ cap seals for supply with pneumatic cylinders & valves as ‘spares’, does not amount to “manufacture” u/s 2(f) of Cent...View More

Warehoused goods cleared to license-holders taxable, not "sale in course of import"

AAR holds that sale of imported goods to license-holders from a customs bonded warehouse located in Maharashtra does not constitute ‘sale in the course of import’ u/s 5(2) of CST Act,...View More

Rejects classification of cosmetics, shampoo, hair-oil as "Drugs"; Taxes at residuary rate

AAR holds that cosmetics & skin, hair, teeth care products are not “Drugs” falling under Schedule Entry C-29(a) of MVAT Act, thus taxable at residuary rate of 12.5% under Schedule E;&n...View More

Police force deployment for banks / organisations a sovereign function, non-taxable as 'Security Services'

No service tax applicable on fees collected by Police Dept. from banks & other organisations towards deployment of additional force for maintenance of public peace & security; CESTAT holds tha...View More

Pest control involves transfer of property in pesticides, taxable as 'works contract'

AAR holds that pest control involves transfer of property in pesticide formulations (chemicals) and hence, liable to tax as ‘works contract’ under MVAT Act; The term “goods” as...View More

Classifies 'microcellular rubber sheets' as "industrial-inputs"; Rejects 'commercial parlance', construes Notification strictly

AAR holds that ‘Microcellular Rubber Sheets (Armaflex)’ covered by CETH 4008 1110, are taxable as “industrial inputs & packing materials” @ 5.5% under Schedule Entry C-54, ...View More

Excess duty refund pursuant to post-clearance turnover discounts available, absent 'unjust enrichment'

HC rules that excise duty refund pursuant to post clearance turnover discounts offered by manufacturer to dealers by way of credit notes shall be available, subject to establishment of nil unjust enri...View More

'Non-woven fabric' manufactured by yarn thermal bonding classifiable as 'textile', not 'plastic-packing'

CESTAT rules that non-woven fabric manufactured by thermal / mechanical bonding of yarn would be classifiable as ‘textile’ under CETH 56.03; Rejects Revenue’s stand that said product...View More

Grants credit of services used towards property renting; Denial basis occupancy rate, incorrect

CESTAT allows CENVAT credit of tax paid on services like ‘repair and maintenance’, ‘consultancy’, ‘courier’, ‘telephone’ & ‘office rent’...View More

'Soil testing kit', not an ‘agricultural machinery’, taxable under residuary entry at 12.5%

AAR rules on classification of ‘soil testing kit’, said kit meant for estimating parameters of soil, which helps to recommend doses of fertilizers, not classifiable as ‘agr...View More