International Tax Ruling


Job-worker not 'using' distributor's copyright in music-CD duplication; Royalty excluded from valuation 

SC allows relief to assessee (a job-worker duplicating music CDs and supplying to distributor) , royalty paid by distributor towards music-copyright, not part of assessable value (AV) of duplicate CDs...View More

Defective motor vehicle parts replacement in warranty constitutes 'sale', exigible to tax 

HC upholds Tribunal order, replacement of defective motor vehicle parts by dealer during warranty period constitutes ‘sale’ and thereby, exigible to tax under Gujarat VAT Act; Applies SC r...View More

Allows CENVAT credit on goods transport service, basis TR-6 challans, pre-June 2005 

HC allows CENVAT credit on Goods Transport Agency (GTA) service, on strength of TR-6 challans, pre-June 16, 2005, absent any documents prescribed for availing credit on such services; Notes that, Rule...View More

Allows refund claim of accumulated input service credit, absent drawback claim thereof 

CESTAT allows assessee's service tax refund claim of accumulated CENVAT credit under CENVAT Credit Rules, 2004 (CCR), absent any material evidence demonstrating drawback claim in respect thereof; Noti...View More

Duty payment default beyond 30 days, Credit unavailable, Gujarat HC Indsur ruling inapplicable 

CESTAT dismisses assessee’s rectification application in matter of CENVAT credit availability under Rule 8(3A) of Central Excise Rules, 2002 in case of default in payment of excise duty beyond 3...View More

Trading profit not taxable w.r.t services rendered, Nature of transaction distinct / different 

Profit earned in sale / purchase transactions not liable to service tax, in respect of service rendered as 'sole selling agent' for manufacturer; Assessee undertaking two separate functions under same...View More

Delay due to lack of 'testing' centres, Revenue not prima-facie liable to 'demurrage'

HC dismisses assessee’s writ petition that Revenue liable to demurrage charges where it failed to test detained goods in reasonable time, delay by authorities attributable to lack of testing cen...View More

Land transfer in 'works contract' non-taxable; Reads down 'deductions' for "price" calculation 

P&H HC upholds constitutional validity, but reads down Rule 25(2) of Haryana VAT Rules, holds that VAT payable on value of goods at time of incorporation in works contract, not on transfer of immo...View More

Quashes Single Judge's order; Alternate remedy availability no ground to dismiss writ 

HC sets aside Single Judge's order dismissing writ merely on ground that alternate remedy of filing appeal available, when books of accounts and audit report duly filed by assessee, not rejected by as...View More

CVD credit available to manufacturer despite importer's failure to declare 'refund non-availment' 

HC upholds CESTAT’s order, credit not deniable to assessee, despite fact that importer failed to furnish declaration about non-availment of refund of countervailing duty (CVD) w.r.t. imported go...View More