International Tax Ruling


Crane Girder / Rail essential for machinery functioning, qualify as capital goods 'accessories'

CESTAT allows CENVAT credit on Crane Girder, Crane Auxiliary Girder & Crane Rail as “capital goods”, and extends benefit of exemption Notification No. 67/1995-CE; Rejects Revenue's rel...View More

Pure labour contracts outside 'works contract tax' purview; Not includible towards 'composition'

HC sets aside assessment orders, no sales tax exigible on pure labour contracts under Delhi Sales Tax on Works Contract Act 1999 (Act); Combined reading of Act & Rules thereof indicates that same ...View More

Upholds CENVAT credit of 'railway tracks' for goods transportation as "capital goods" 

CESTAT upholds admissibility of CENVAT credit on rails, railway track used inside factory for raw material & finished goods transportation, when same held eligible by Revenue for subsequent period...View More

Delayed refund interest payable upto sanction date, though Consumer Welfare Fund credit unsustainable 

CESTAT dismisses assessee’s appeal, finds no infirmity in payment of interest on delayed refund upto the date of credit in Consumer Welfare Fund, instead of date of actual refund pursuant to CES...View More

Computer printouts / ERP system monitoring goods movement, acceptable for exemption claim verification 

CESTAT rejects Adjudicating Authority's findings, documents submitted by assessee (EOU) for verification of exemption claim under Notification No. 23/2003-CE cannot be held invalid merely on ground th...View More

Verification of customer addresses not equivalent to bank services promotion, not 'BAS' 

Verification of customers’ details such as residential and employers’ addresses for banks, not taxable as “business auxiliary service” (BAS) u/s 65(19) of Finance Act; Such ser...View More

Quashes distributor's related-party import price loading vis-a-vis unrelated retailers, absent commercial parity 

CESTAT quashes loading of 12.5% on declared value of watches imported by distributor (assessee) from related foreign supplier, in terms of Rule 4 of Customs Valuation Rules; As per said Rule, transact...View More

Absent revision, contractor cannot claim higher land cost deduction vis-a-vis original returns 

HC upholds Tribunal order, rejects assessee's claim for higher land cost deduction (i.e. 50% of sale consideration) on construction and sale of apartments, over and above cost disclosed in returns; Ap...View More

Reverses CESTAT; Duty leviable on 'actual' imports, not 'Bill of Lading' quantity

SC overrules CESTAT, customs duty leviable on crude oil actually received at shore tank in India, not on 'Bill of Lading' quantity; Perusing the statutory scheme, including Rules 4 & 9 of Customs ...View More

Offshore supply of Natural Gas not 'local sale', despite subsequent intra-state processing 

HC allows writ, supply of natural gas (NG) to Govt. of India through its nominee GAIL, where delivery is effected from ONGC pipeline, not liable to sales tax under Gujarat Sales Tax Act; On a conjoint...View More