International Tax Ruling


Allows EPCG benefit to Hotelier; Different classification for customs & ITC(HS) purpose unsustainable

CESTAT allows import of ‘calcareous stone’ by Hotelier, on availment of EPCG Scheme benefit under Notification No. 103/2009-Cus; Rejects Adjudicating Authority’s classification of go...View More

Restricting input credit against subsidized selling prices under Rajasthan VAT Act not unconstitutional

HC dismisses writ, Sec 18(3A) of Rajasthan VAT Act restricting input tax credit (ITC) to amount of output tax liability where goods sold at subsidized price, not arbitrary, illegal / violative of Cons...View More

Dismisses writ; Transfer of right to use ‘copyright’ taxability appealable before SC 

HC refuses to entertain writ, service tax levy on transfer of right to use ‘copyright’ an issue appealable before SC u/s 35L of Central Excise Act; Further, issues like actual use of asses...View More

Mumbai Police deployment for events prima facie not 'Security Agency services'; Waives pre-deposit 

Services provided by Mumbai Police to individuals / organisations for private and public events prima facie not taxable as ‘Security Agency Services’ u/s 65(94) r/w Sec 65(105)(w) of Finan...View More

No tax prima-facie on collateral lending; Amount retained constitutes 'interest on loan'

Service tax prima-facie inapplicable on amount retained by Bank while advancing loan through Clearing Corporation of India (CCIL); Such transaction of collateral borrowing and lending amounts to givin...View More

Allows concessional rate benefit on Imaging plate / IP Casette as X-ray machine 'accessory' 

CESTAT allows concessional rate benefit of 5% under Notification No. 21/2002-Cus. (NT) on Imaging Plates (IP) and IP Casettes as accessories of X-ray machine; Exemption benefit available under Sr. no....View More

Allows credit of plant installation, Service beyond 'place of removal' irrelevant factor 

CESTAT allows credit of plant installation/erection service at customers' premises, where entire contract a composite one, and no extra consideration recovered for these services; Relies upon decision...View More

Credit on wastage during exempt goods manufacture ineligible, "actual removal" test irrelevant

HC upholds Commissioner's findings, CENVAT Credit attributable to quantity of inputs used for manufacture of exempted final product, reported as wastage/storage loss, reversible as per Rule 6(1) of CE...View More

Customs duty inapplicable on burning loss generated during manufacture in bonded warehouse

Burning loss arising during manufacture in a customs bonded warehouse (CBW), not liable to customs duty u/s 65(2) of Customs Act, 1962, as waste and scrap; Assessee availed benefit of Notification No....View More

Airliner only 'beneficiary', not liable on lender to foreign institute loan guarantee

No service tax payable on insurance guarantee given by BNP Paribas to COFACE France towards loan extended to Airliner to purchase aircrafts; Rejects Revenue contention that transaction taxable in the ...View More