International Tax Ruling


Grants concession; Compliance with "CST registration surrender" impossible post exercising 'compounding' option 

HC extends benefit of compounded tax @ 2% u/s 8(a)(i) of Kerala VAT Act to a works contractor for AY 2005-06, despite non-compliance with condition of non-registration under CST Act; Notes that, after...View More

Running HPCL owned retail outlet taxable as BAS, not manpower supply service

Running HPCL's retail outlet to effect physical delivery of petroleum products, provide adequate security, maintain proper and correct account of transactions, handle receipt/storage/delivery of stock...View More

'Body corporate' not taxable under 'Consulting Engineer' pre-May 2006, Simplex ruling relied

CESTAT allows assessee's appeal, rejects Revenue's contention that, assessee, a 'body corporate', rendering engineering and technical services for captive power projects, taxable under 'Consulting Eng...View More

Allows input CENVAT against 'Port' service, credit denial to 'service provider' unsustainable 

CESTAT allows CENVAT credit on inputs (i.e. cement steel), capital goods and input services used for providing output 'Port service', relies upon rulings of Gujarat HC in Mundra Port & Special Eco...View More

'Aquafarming' an "agriculture" activity; Paddle wheel aerators for fisheries, classifiable as "agricultural machine"

CESTAT allows assessee's appeal, ‘paddle wheel aerators and its parts’ used in fish farming / aquaculture (for cultivation of fish / shrimps), classifiable under Customs Tariff Heading (CT...View More

Rebate appeals of DTA - SEZ supplies maintainable before Jt. Secretary (RA), not CESTAT 

CESTAT Larger Bench rules on jurisdiction of Appellate Tribunal to decide appeals against orders relating to rebate on goods supplied to SEZ u/s 35B(1) of Central Excise Act; Observes that whole purpo...View More

Upholds MRP assessment of imported Monitors meant for sale to brand-owners, pre-May 2015

CESTAT upholds MRP valuation of imported LED/LCD monitors meant for sale to HCL / Wipro after affixation of their brand name, u/s 3(2)(b) of Customs Act r/w Sec. 4A of Central Excise Act, for period p...View More

Weakly coal imported for Corex Furnace classifiable as 'Coking Coal', end-use irrelevant

CESTAT rules in favour of assessee, weakly, soft, semi-soft coking coals imported for use in Corex Furnace, classifiable as "Coking Coal" under Customs Tariff Heading (CTH) 27011910, eligible for exem...View More

'Car lease scheme' for employees not "service"; No tax on rent charged

‘Car lease scheme’ as an employee retainment programme out of service tax net, falling under exception to definition of “service” u/s 65B(44)(d) of Finance Act; AAR notes that ...View More

Upholds CEGAT's view; Booking deposit irrelevant to motorcycle cost, not "additional consideration" 

SC upholds GEGAT order, deposit taken at time of booking motorcycle does not consitute 'additional consideration', absent any relevance to motorcycle cost; CEGAT had observed that overall effect of de...View More