International Tax Ruling


Revenue's insistence for online declaration forms 'onerous' absent provisions in Statute 

HC allows writ, absent specific rule in Puducherry VAT Rules or in Central Sales Tax (CST) Rules, Revenue’s insistence on online uploading of declaration forms, an onerous condition; Revenue has...View More

Stays Bombay HC judgment, admits SLP challenging service tax levy on advocates 

SC issues notice, grants interim stay on operation and implementation of Bombay HC judgement which upheld levy of service tax on Advocates u/s 65(105)(zzzzm) of Finance Act w.r.t. services such as adv...View More

Grants 'deemed' MODVAT credit on duty-free scrap purchased from Railways in auction 

SC grants respite to assessee, allows deemed MODVAT credit on rollable & re-rollable old & discarded rails, wheels & fish plates purchased from Railways as ‘scrap’ in auction; ...View More

CENVAT utilisation for 'consignment basis' duty payment permissible under erstwhile Excise Rules 

SC dismisses CESTAT findings and quashes interest demand, payment through CENVAT Credit Account permissible where facility of excise duty payment in installments on fortnightly basis under Rule 173G o...View More

Denies CST exemption on packing material absent inextricable link with export goods 

HC upholds Single Judge order denying central sales tax (CST) exemption on sale of packing material viz. paper cartons to exporter of goods, finds such sale not ‘in course of export’ u/s 5...View More

Digital Cameras taxable as "IT products" post November 2005; Schedule Entry erroneous 

HC upholds taxability of ‘Digital Still Image Video Camera’ (DSCs) at 4% as “IT Product” under Entry 41A of Schedule III of Delhi VAT Act post November 2005, states that item 1...View More

Allows 'capital goods' credit on nitrogen storage cylinders & welding electrodes 

Cylinders used for storing nitrogen gas in factory eligible for capital goods credit as ‘storage tanks’ under Rule 2(a)(vii) of CENVAT Credit Rules 2004 (CCR); Nitrogen Gas used in analyti...View More

Tax leviable on 'actual' sale; Deemed sale price for petroleum dealers unconstitutional 

HC strikes down Explanation 2 to Sec 2(1)(zd) of Delhi VAT (DVAT) Act as ultra vires Constitution of India insofar it permits levy of VAT on ‘deemed’ sale price of petrol / diesel, instead...View More

'Works contract' meaning restricted pre-April 2005; Printing, supplying cine-wall posters not "deemed sale" 

Printing and supply of cine-wall posters though a ‘works contract’, not taxable as ‘deemed sale’ under Andhra Pradesh General Sales Tax Act / CST Act prior to April 1995; Dy. C...View More

Staff deputation under 'compromise scheme' in Co. winding-up, not "manpower supply service" 

Supply & appointment of staff under ‘compromise scheme’ approved by Bombay HC pursuant to company winding up petition, not taxable as “manpower recruitment and supply agency serv...View More