International Tax Ruling


Applies classification principle; Ground-handling at airport, a "cargo handling", not "airport" service 

HC rules in favour of assessee, ground handling services provided at airport classifiable as 'cargo handling services' u/s 65(105)(zr) of Finance Act, applies principle of Sec 65A(2)(a) that specific ...View More

Dismisses SLP; Transportation charges a 'pre-sale expenditure', includible in taxable turnover, VATable 

SC dismisses assessee’s SLP thereby affirming HC decision on includibility of transportation charges in total taxable turnover, liable to VAT under Karnataka VAT laws; HC had upheld Tribunal fin...View More

Printed metal advertisement poster, a product of printing industry, not 'sign plate' 

SC rejects Revenue appeal, printed metal backed advertisement material / posters, known as ‘Danglers’, placed at point of sale for customers information / advertisement, classifiable under...View More

Raps State Tax Dept for curtailing CST concession despite Cabinet Policy extension 

SC raps State Excise & Tax Dept. for restricting availability of 1% Central Sales Tax (CST) concession, despite State Cabinet decision to extend 2004 Industrial Policy to eligible units upto March...View More

Proposed Revenue SLP no ground to withhold eligible input tax refund

HC allows writ, directs refund of excess input tax claim kept in abeyance by Assessing Authority on account of SLP proposed to be filed by Dept. challenging dicta laid down by HC's Division Bench in c...View More

CESTAT's power to stay demand 'directory', not 'mandatory'; Strict interpretation defeats justice 

HC rejects Revenue appeal, rules on CESTAT’s power to extend stay beyond period of 365 days stipulated u/s 35C(2A) of Central Excise Act; Sec. 35C(2A) stating that, "Tribunal shall, where it is ...View More

Quashes demand; 'Toll collection' not service "auxiliary / incidental" to National Highway maintenance 

CESTAT quashes service tax demand u/s 65(19) viz. “Business Auxiliary Service” category on collection of toll on National Highways; Rejects Revenue contention that assessee an agent / repr...View More

Rejects declared "transaction value" where complete system imported in guise of 'components' 

SC allows Revenue’s appeal, rejects assessment of imported ‘parts/components’ under Rule 10A of Customs Valuation Rules, 1988, on ground of mis-declaration in Bills of Entry (BoE); C...View More

Laptop carrying case an "accessory" taxable at concessional rate, not residuary rate

Laptop ‘carry cases' taxable at 4% as “parts and accessories” of machines covered by CETH 8471, under Entry No. 41A (Sr. No. 4) of Schedule III to DVAT Act, not at 12.5% as “un...View More

Upholds confiscation; 'Non-Basmati rice' prohibited for export; Relies on AGMARK testing report 

HC allows Revenue appeal, upholds Additional Commissioner's order that assessee exported ‘non-Basmati rice’, which is prohibited for export in terms of DGFT Notification dated November 5, ...View More