International Tax Ruling


Credit prohibition against exempt goods prospective; Allows entire accumulated credit utilisation post-2002 

SC dismisses Revenue appeal, allows utilisation of entire accumulated input credit to manufacturer-assessee upon coming into force of CENVAT Credit Rules (CCR) 2002; Rejects Revenue contention that as...View More

Grants rebate; 'Custodial services' towards foreign institutional investments in India constitute 'exports' 

CESTAT grants rebate under Notification No. 11/2005-ST for period May 2006 to February 2007, on custodial services provided to Foreign Institutional Investors (FIIs); Observes that, 'banking and other...View More

Inter-connection charges paid by ISP to another, not "online database access/retrieval service" 

Amount recovered from small time internet service providers (ISPs) who took connection from assessee for rendering services to their customers, not taxable as "online database access or retrieval ...View More

Accepts Revenue classification; 'Base frame' not integral to industrial pumps, mere 'accessory' 

CESTAT upholds Revenue classification of industrial pump ‘base frames’ under residuary entry of CETH 8485, in lieu of CETH 8413 as claimed by manufacturer-assessee; Rejects assessee’...View More

Grants tax refund absent liability on technical services import; Unjust enrichment inapplicable 

CESTAT allows assessee’s appeal, grants refund of service tax paid under ‘Consulting Engineer Service’ category at investigation stage in relation to technical know-how / assistance ...View More

Disposes writ challenging new Haryana works-contract deductions' validity; AO to adjudicate notices 

HC disposes writ challenging constitutional validity of new Rule 25 of Haryana VAT Rules, 2003 (Rules); Assessee challenged said Rule contesting chargeability of tax on expenses and elements of total ...View More

Absent "custodianship", managing Govt bonds for RBI taxable as 'BAS', not 'BoFS'

CESTAT rules in favour of Banking Co., collection of subscription amounts, maintenance of ledger accounts, payment of interest & redemption of bonds for RBI not taxable as “banking and other...View More

State Legislature cannot levy tax on MRP; Quashes Sec. 15(5) of Bihar VAT Act 

HC declares Sec 15(5) of Bihar VAT Act as ultra vires inasmuch as it provides option to certain class of registered dealers to pay in lieu of tax payable by them, tax at rate specified in Sec 14 on ma...View More

No subsequent 'in-transit sale' when inter-state supplies effected under indivisible works contract 

HC rules on inter-state supply of goods under lumpsum turnkey projects, rejects assessee’s claim that supply and erection contracts are divisible / independent and that supplies thereunder quali...View More

'Interest' payable for delay in differential duty payment due to 'price escalation'

HC allows Revenue’s appeal, interest under Rule 7(4) of Central Excise Rules, 2002 applicable, where price at which goods sold not final and assessee received 'price escalation' and paid differe...View More