International Tax Ruling


Stays Gujarat HC decision denying VAT exemption on sale of kerosene / LPG to OMCs 

SC admits SLP of Essar Oil Limited against Gujarat HC decision which upheld taxability of sale of kerosene and LPG to various Oil Marketing Companies, under Gujarat’s VAT regime; Stays operation...View More

Upholds service-tax on restaurants applying 'aspect doctrine', but grants relief to hotel accommodations 

HC upholds constitutional validity of Sec. 65(105)(zzzzv) and Sec. 66E(i) r/w Sec. 65(22) & Sec. 65(44) of Finance Act and Rule 2C of Service Tax (Determination of Value) Rules 2006, inasmuch as s...View More

'Appeal' delay condonable under Limitation Act; But, rebukes Revenue's dilly-dally, no 'sufficient cause'

HC refuses to condone delay of 548 and 2288 days in filing appeals u/s 27 of MVAT Act by Revenue against Maharashtra Sales Tax Tribunal orders, absent ‘sufficient cause’; Notes that as per...View More

Allows notional ITC on secondhand vehicles purchase; VAT discharge on first-sale mandatory

HC rules that dealer shall be entitled to adjust notional Input Tax Credit (ITC) claimed on purchase price of secondhand motor vehicles, when ultimately sold to his customers; Quashes assessment order...View More

Processing of Iron & Steel doesn't change its identity, holds it 'declared goods' 

SC rules in favour of assessees, holds that iron & steel bars / rods used as reinforcements of cement concrete in execution of works contracts relating to building or structure shall be taxable as...View More

Denies exemption on imported 'crude oil' absent 'Fatty-acid' manufacture; HSN Notes irrelevant 

SC sets aside CESTAT order, denies customs duty exemption under Notification No. 21/2002-Cus on import of crude palm oil absent fulfilment of condition of use for manufacturing Industrial Fatty Acid; ...View More

CDMA service-provider's subsidy towards service charges not includible in handsets 'sale price' 

Subsidy granted by Tata Teleservices Limited to CDMA handsets distributor (assessee) towards connections sold to customers, not includible in sale price of handsets as ‘other valuable considerat...View More

Grants exemption on vessel imported for petroleum exploration; Rejects Revenue's 'dredger' classification

CESTAT grants exemption benefit under Notification No. 21/2002-Cus on import of heavy duty crane cum pipe laying ship, notes that said Notification exempts goods required in connection with petroleum ...View More

Grants CVD refund on imported mobile-phones; Reminds Revenue of ‘binding’ Court decisions 

Delhi HC grants refund of excess countervailing duty (CVD) paid by assessee on import of mobile phones, in terms of Sec 27 of Customs Act r/w Notification No. 12/2012-CE; Notes that assessee had paid ...View More

Grants exemption on services consumed outside SEZ; Freight slot trading not 'BAS' 

CESTAT sets aside order which rejected service tax exemption under Notification 4/2004-ST to assessee for logistic services rendered to SEZ unit on the ground that services were not consumed within th...View More