International Tax Ruling


Fixation of glass wall not 'building construction' works-contract; Denies concessional rate benefit

Bombay HC rules in Revenue's favour, states that 'construction of glass walls' can neither be construed as contract for “construction of buildings” nor an incidental or ancillary contract ...View More

Grants CENVAT credit refund considering date of e-filing claim as relevant date

CESTAT allows refund of unutilized input services credit filed electronically under Notification No. 5/2006-CE (NT); Quashes lower authorities’ stand that claim was time barred since physical co...View More

Clinical Pharmacology / Research on formulations provided by overseas customers, taxable in India 

AAR holds that Clinical Pharmacology and Clinical Research activities proposed to be undertaken in respect of formulations provided by customers located outside India, shall be liable to service tax i...View More

No distinction between 'Bitumen emulsion' & 'Bitumen'; Extends concessional VAT rate 

SC upholds HC order, rules that 'bitumen' and 'bitumen emulsion' are one and the same and therefore, bitumen emulsion is entitled to concessional VAT rate under Entry 22 – “Bitumen” ...View More

Time limit for granting refunds mandatory; Proceedings u/s 59 independent of Section 38 

HC grants refund of VAT claimed in returns filed for various periods, states that time limit set out in Section 38(3) of DVAT Act is mandatory in nature i.e. refund must be granted within 2 months of ...View More

Grants SAD exemption on imported refrigeration / food service products absent industrial consumer sale 

AAR grants exemption from SAD on import of refrigeration / food services products for sale to individual dealers, industrial consumers or retail consumers, under Notification No. 21/2012-Cus; Notes th...View More

"Packing materials" distinct from "inputs" for tea; Denies Entry Tax exemption / concessional rate

SC holds that packing materials which enter local area for consumption viz. for packing manufactured tea, cannot be said to be raw material, components or inputs for purpose of claiming exemption or l...View More

Freight margin towards outbound shipment non-taxable, but inbound transport liable w.e.f June 2016 

AAR rules on applicability of service tax on freight margin recovered from customers towards outbound and inbound shipment of goods; Holds that in case of outbound shipment, service tax would be exemp...View More

Exempts RCC pipes manufactured away from actual construction site of sewerage system

CESTAT sets aside adjudication orders, allows excise duty exemption on RCC pipes fabricated away from actual site for use in construction of sewerage system, under Notification No. 5/2006-CE and subse...View More

Payments to sub-contractors excludible from total turnover, rejects Revenue's 'multi-point levy' argument 

SC holds that value of work entrusted to the sub- contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the Karna...View More