International Tax Ruling


Commission relatable to 'basic airfare' taxable, not 'fuel surcharge'; Orders de novo consideration 

CESTAT rules on valuation of Air Travel Agent services, assessee can discharge service tax liability either on gross commission received, or at specified rates on ‘basic fare’ as per Rule ...View More

Revenue appeal bereft of merit; Upholds non-taxation of IPL sponsorship by Citibank 

SC dismisses Revenue appeal, upholds non-taxability of sponsorship services received from BCCI in respect of IPL matches; Finds no merit in appeal, however, deletes portion of Tribunal order whereby s...View More

Grants refund; 'Input service' definition broad to include services "used for" export

CESTAT grants refund of accumulated / unutilized input services credit on export of banking & financial, business support services under Notification No. 5/2006-ST; Sets aside Adjudicating Authori...View More

Rules on taxability of IPR; Demand on technology transfer hit by limitation

Transfer of technology, including passing of technical information necessary for assembly, testing, installation, engineering data, troubleshooting manuals, not “Intellectual Property Rights&rdq...View More

Dismisses Revenue SLP, but keeps question of classification of 'UPS' / 'CVT', open 

SC dismisses Revenue SLP against Rajasthan HC decision, but keeps the question of law open; HC had upheld classification of UPS & CVT (Constant Voltage Transformer) as 'essential parts of computer...View More

Export measures must be liberally interpreted; Allows SFIS scrip transfer to group company

HC allows writ, approves transfer of Duty Credit Scrip under ‘Served From India Scheme’ of Foreign Trade Policy (FTP) to holding / group company; Quashes DGFT decision that assessee not en...View More

Castigates Tribunal's judicial indiscipline in passing cryptic orders without considering binding precedents

HC lambasts Tribunal’s judicial indiscipline for non-consideration of binding precedents, or assessee’s reliance on identical case involving principal manufacturer, wherein it was held tha...View More

Dismisses Revenue appeal; Sec 11AB prospective; Interest inapplicable to clearances prior to September 1996

HC finds no substance in Revenue appeal, upholds Tribunal order granting refund of interest u/s 11AB of Central Excise Act for period prior to September 1996; Refuses to entertain Revenue contention t...View More

Upholds 'transaction value' assessment for bulk oil imports; CBEC Circular retrospective

Import of bulk crude oil assessable on the basis of transaction value, not actual shore tank receipt quantity, where rate of duty is ad valorem; Relies on MRPL ruling, assessee required to pay to fore...View More

Allows re-credit of tax paid under merger scheme, post merging company's voluntary discharge 

CESTAT allows re-credit to assessee of service tax paid under merger scheme, post discharge of service tax liability by merging company under VCES; Accepts assessee’s contention that amount paid...View More