International Tax Ruling


Discounts received by ad-agency from media non-taxable as 'BAS' absent contractual obligation

No service tax applicable on volume discounts received by advertising agency (assessee) from media absent any contractual obligation to render service; Rejects Revenue’s contention that such dis...View More

Allows insurance credit; Admonishes Adjudicating Authority for blatant disrespect to judicial precedents 

CESTAT admonishes Adjudicating Authority for blatant disregard to judicial precedents while disallowing CENVAT credit against various insurance services availed by assessee; Adjudicating Authority&rsq...View More

Absent effective control, liquified gas tanks renting non-taxable as 'storage & warehousing' 

No service tax payable on import of liquified helium in insulated storage tanks as ‘storage & warehousing service’ u/s 65(102) r/w Sec 65(105)(zza) of Finance Act; Relies on CBEC Circu...View More

Revenue barred from appealing under CHALR; Orders under Regulations not 'adjudication orders'

No right granted to Revenue to appeal before Tribunal against Commissioner order passed under CHA Licensing Regulations, 1984 (CHALR); Only aggrieved CHAs can appeal before Tribunal in terms of Regula...View More

Rejects restrictive meaning to input services; Allows CHA / Shipment Agent services credit 

Gujarat HC upholds Tribunal order, allows input credit against Customs House Agent and Shipping Agent & Container services under Rule 2(l) of CENVAT Credit Rules for period prior to 2011; Rejects ...View More

Directs re-examination of taxability of 'tyre retreading' in light of G.D. Builders ratio

CESTAT directs re-examination of taxability of retreading activity of old / used tyres as ‘management, maintenance or repair service’, in light of G.D. Builders ratio; Finds force in asses...View More

Once imported drawings/design treated as 'goods', service tax demand untenable; Waives pre-deposit

Once customs duty discharged on import of drawings & design from foreign entity as per product services agreement, service tax demand on same transaction as ‘design services’ u/s 65(10...View More

Preparation / exhibition must to qualify as 'advertising agency'; Mere collection for publication non-taxable 

Collecting advertisement proformas and forwarding them to various newspapers for publication not taxable as ‘advertising agency service’ u/s 65(3) of Finance Act; Rejects Revenue contentio...View More

Upholds constitutional validity of Gujarat State Notification restricting ITC on interstate sale

HC upholds constitutional validity of Sec 11(6) of Gujarat VAT Act which enables State Govt to curtail input tax credit (ITC) in respect of specified goods / class of dealers, by way of Notification i...View More

Commercial, not technical meaning relevant for classification; Portable ticket-issuing machines not 'IT products' 

HC denies benefit of 4% VAT under Karnataka VAT Act against portable handheld electronic ticketing machines supplied to Karnataka State Road Transport Corporation; Rejects assessee’s claim that ...View More