International Tax Ruling


Reduction in export duty cannot be treated retrospective; Distinguishes SC's WPIL ratio 

Export of hot rolled & cold rolled iron products liable @ 15% & 10% respectively, in terms of Notification No. 66/2008-Cus; Rejects assessee’s contention that subsequent amendment vide N...View More

Security deposit not 'consideration' towards renting of immovable property; Notional interest inapplicable 

CESTAT quashes service tax demand on security deposit (equivalent to 6 months’ / 1 year’s rent) taken towards leasing of immovable property; Rejects Revenue contention that interest free d...View More

2nd proviso to Rule 9 applicable not 7th, absent misdeclaration of packing machines

Third Member concurs with Member (Judicial), absent mis-declaration in number of packing machines by assessee, duty demand not sustainable under 7th proviso to Rule 9 of Pan Masala Packing Machines (C...View More

Cable operators liable on subscriber base declaration to broadcasters; Consideration receipt irrelevant 

CESTAT upholds service tax on cable operator against ‘subscriber base’ declared to broadcasters vis-à-vis subscriber fee; Rejects assessee's contention that measure of levy for serv...View More

'All Industry' drawback claim cannot bar 'brand rate' determination; Quashes CBEC Circular

HC quashes CBEC Circular dated December 30, 2011 to the extent it bars ‘Brand Rate’ drawback determination under Rule 7 of Customs, Central Excise Duties and Service Tax Drawback Rules, 19...View More

'Accountants' can prima facie appear before VAT authorities; Vacates interim order against non-advocates

Allahabad HC allows impleadment applications of ICAI and ICSI, vacates interim order which barred Chartered Accountants, Company Secretaries and Cost & Works Accountants from filing returns and ap...View More

Export cargo storage not 'incidental' to handling, separately taxable as "storage service" 

CESTAT allows Revenue appeal, services rendered in relation to storage and warehousing of export cargo classifiable as 'storage and warehousing service', not 'cargo handling' post February 2005; Rejec...View More

Quashes Tribunal order; Must claim input credit within 6 months under KVAT law 

Karnataka HC quashes Tribunal order, input tax credit (ITC) for a particular period cannot be claimed beyond 6 months, in return filed for subsequent period; As per Sec 10 of Karnataka VAT Act, ITC mu...View More

Agreement with intending purchaser for residential project construction, not taxable pre-July 2010 

Agreement entered with intending purchaser for construction of residential flat not taxable as “Construction of Complex service” as defined u/s 65(105)(zzzh) of Finance Act, 1994 pre-July ...View More

Gas 'marketablity' not 'packing' dependent; AV to exclude rental for goods supplied 

Rental / maintenance charges collected for supply of gases in own cylinders not includible in assessable value (AV), packing of gases into cylinder not necessary to make it ‘marketable’; P...View More