International Tax Ruling


Quashes Rule imposing luxury tax on VAT turnover of banquet hall owners

Delhi HC quashes Rule 3(2)(b)(ii) of Delhi Tax on Luxury Rules, 1996 inasmuch as all Banquet Hall Owners are required to include entire turnover value for purpose of luxury tax, irrespective of whethe...View More

Regulations waiving demurrage charges by cargo service-provider, not ultra vires Articles 14, 19(1)(g) of Constitution

Delhi HC dismisses challenge to Regulation 6(1)(l) of Handling of Cargo in Customs Areas Regulations, 2009 (Cargo Regulations) insofar as assessee & sub-contractor were abstained from recovering d...View More

Branded goods sale by subsidiary with unusually high margin, taxable as 'first-sale’

SC upholds HC view, holds that sale of goods under brand name by fully owned subsidiary / group company of holding entity with unusually high margin, taxable as ‘first sale’ u/s 5(2) of Ke...View More

Tax reimbursements by agents to Insurance service-provider, not creditable to Central Govt.

CESTAT rules in favour of insurance service provider (assessee), holds that portion of service tax liability reimbursed by its agents under an agreement, is not recoverable u/s 73A of Finance Act; Not...View More

Machinery parts imported at different ports in separate consignments, not assessable separately

CESTAT sets aside confiscation of parts of secondhand machinery, where parts of single machine were imported at two different ports (i.e. JNPT Nhava Sheva and New Customs House, Mumbai Port), at ...View More

Wood-slats imported for 'pencil' manufacture classifiable as "Pencil Slat", not "plywood sheet" 

CESTAT rules in assessee’s favour, imported ‘Wood Slats’ used for manufacture of pencils classifiable as ‘Pencil Slat’ under Custom Tariff Heading (CTH) 4421.90, not unde...View More

'Value addition' irrelevant while apportioning common services credit between dutiable & traded goods

CESTAT rules  in favour of Revenue, states that manufacturer of goods or output service provider who does not maintain separate accounts for common inputs & input services used in manufa...View More

Upholds tax on electricity consumption within State; Rejects assessee's 'CST applicability' plea

HC dismisses assessee’s writ, upholds constitutional validity of Section 3(1) & (2) of Karnataka Electricity (Taxation and Consumption) (Amendment) Act, 2013 levying electricity tax on consu...View More

No 'purchase tax' on accepting EXIM scrips from holders per RBI directives

SC concurs with Calcutta HC, holds that State Bank of India (assessee) is not liable to purchase tax u/s 5(6a) of Bengal Finance (Sales Tax) Act, 1941 (‘Act’) for accepting Exim Scrips (Ex...View More

Repairing defective fans by replacing with new parts does not constitute 'manufacture'

HC rules in favour of assessee, holds that dismantling of defective fans and reassembly with new and workable parts does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Holds t...View More