International Tax Ruling


Stays demand against MakeMyTrip towards international outbound tours & air ticket booking 

CESTAT grants relief to MakMyTrip, stays service tax recovery and waives entire pre-deposit in respect of international outbound tours and air travel tickets booking; Notes that taxability of outbound...View More

Allows credit on yarn used for exempted fabrics manufacture, cleared without bond execution

CESTAT allows CENVAT credit on yarn purchased locally/manufactured in-house for use in grey fabrics, an exempted commodity, thereby rejecting Revenue contention that credit on yarn should be reversed ...View More

Quashes DGFT clarification; No cap on 'IEIS-scrip' value, subject to "greater scrutiny"

HC allows writ petitions, quashes DGFT clarification dated September 23, 2014 restricting the benefit of ‘Incremental Export Incentivisation Scheme’ (IEIS) for last quarter of 2012-13 to 2...View More

Denies DEEC-Drawback shipping bill conversion; Drawback conditions 'clarificatory', applicable to past exports

HC rejects assessee's claim for conversion of Duty Exemption Entitlement Certificate (DEEC) shipping bill into Drawback shipping bill, sought on account of failure to utilize Advance License for duty ...View More

Upholds Tribunal order; Absent 'prejudice', ex parte revision basis records with AO sustainable 

HC refuses to exercise powers u/s 61 of Bombay Sales Tax Act, upholds Tribunal order dismissing reference application against revision of assessment order for the period 1992-93; Revising Authority pa...View More

Rejects best-judgment plea; Revenue can call records for assessing incorrect belated returns 

HC rules in favour of Revenue, upholds assessment u/s 33(3) of Bombay Sales Tax Act and consequent penalty in terms of Explanation I to Sec. 36(2)(c) thereof; Rejects assessee’s stand that since...View More

Fees received from Coca Cola for marketing beverages inside multiplex, taxable as "BAS" 

CESTAT upholds taxability of one time 'signing fees' and annual 'pouring fees' received by assessee, from Coca Cola India Pvt. Ltd. (CCIPL) for promoting its products inside multiplex, under “Bu...View More

Technology transfer fee non-taxable as 'IPR service' absent patent under Indian law

CESTAT quashes service tax demand on technology transfer fees paid to parent entity (Whirlpool USA) during the period 2007-08, under “Intellectual Property Rights (IPR) Service”; Perusal o...View More

Upholds CENVAT credit cross-utilisation between 2 units, before 'pro rata distribution' criteria imposition

HC upholds CESTAT order, allows cross-utilisation of CENVAT credit between 2 units without pro rata distribution by input service distributor (ISD), absent any restriction before insertion of clause (...View More

Transmitting financial messages constitute 'information transfer & data-processing', taxable as "banking services"

CESTAT upholds taxability of services received from ‘Society of Worldwide Interbank Financial Telecommunication’ (SWIFT), a non-resident entity, towards transmitting financial messages int...View More