International Tax Ruling


Revision Authority to determine 'battery charger' tax rate; Nokia India ruling distinguishable

SC dismisses mobile manufacturer’s SLP, refuses to interfere with Himachal Pradesh HC order that refrained from entertaining writ petition against initiation of revision proceedings u/s 46 of HP...View More

ERP implementation entails pure service, no sale/property transfer; Applies Infosys ratio

HC upholds Tribunal's findings, ERP software implementation and business consultancy service (BCS), are pure services, not involving any sale/transfer of property in goods, under Karnataka Sales Tax A...View More

Allows prior period's AO revision, though relevant provision introduced later, retrospectivity plea redundant

HC dismisses assessee's revision petition, upholds revisionary power exercised for AY 2005-06 by Joint Commissioner (JC) u/s 63A of Karnataka Value Added Tax Act, 2003 (KVAT), introduced w.e.f. April ...View More

After recharge vouchers, quashes demand on free SIM cards distributed to dealers 

CESTAT quashes demand in respect of free SIM cards distributed to dealers / distributors by telecom service provider (assessee); Rejects Adjudicating Authority’s view that irrespective of whethe...View More

Transit insurance insignificant; Freight upto buyer's premises not dutiable; Reiterates 'JCB Escorts' ratio

SC dismisses Revenue appeal, excise duty not liable to be recovered on freight charges incurred for transportation of goods from factory gate to buyer’s premises, states that in facts of present...View More

Reverses HC's 'myopic' view on Rule 18; Allows Export rebate on both inputs/final product 

SC allows rebate of excise duty paid both on inputs and on manufactured product upon export, in terms of Rule 18 of Central Excise Rules, 2002; Rejects Revenue’s stand that as per relevant rules...View More

FTP prevalent during DEPB issuance irrelevant; Allows additional duty credit on imports 

HC allows benefit of CENVAT credit under Notification No. 96/2004-Cus of additional customs duty paid on imports using DEPB scrips under FTP 2002-07; Rejects Revenue’s stand that said Notificati...View More

'Smart cards' supplied under computerised system service agreement with RTO, not VATable 

HC allows assessee’s appeal, smart cards specifically developed and designed for RTO under an agreement for providing computerized service delivery system, not liable to VAT under Karnataka VAT ...View More

Environmental science assessment involves scientific consultancy, not engineering; 'Wikipedia' information not conclusive 

CESTAT rules against Revenue, assessee, a laboratory of Council for Scientific and Industrial Research undertaking various studies and projects in field of environmental science & engineering, not...View More

Exemption Notification strictly construable; Absent duty payment through prescribed mode, benefit unavailable 

SC reverses CESTAT order, denies concessional rate benefit on water pump sets under Notification No. 10/02-CE, where duty not paid through prescribed mode, viz. cash or account current, but paid throu...View More