International Tax Ruling


Banner advertising on website not 'BAS' pre-May 2006; Revenue's appeal meritless 

Banner advertising on e-Bay website taxable only under “Sale of advertising space and time service” w.e.f May 1, 2006, not “Business Auxiliary Services” (BAS); Since advertisin...View More

Reverses HC order; Denies 75% exemption applying 'special law overrides general' maxim 

SC reverses HC order, denies benefit of 75% tax exemption to cement company as ‘Prestigious unit’ under Rajasthan’s “Sales Tax New Incentive Scheme for Industries, 1989”;...View More

Separately shown stevedoring, loading, transportation charges deductible from turnover; TN tax inapplicable

HC upholds Tribunal’s order, cost of empty bags, stevedoring, clearing, forwarding, loading / unloading charges and transport costs shown separately in invoice, not liable to sales tax; Such cha...View More

Rule 18 rebate claim sans ARE-1 copies allowable; Govt. to decide afresh 

HC sets aside Govt of India’s (GoI) revision order, rebate under Rule 18 of Central Excise Rules may be claimed absent original & duplicate copies of ARE-1; Both, GoI and Revenue failed to c...View More

Dismisses writ; VAT registration mandatory for State Govt's tax remission, TDS irrelevant 

HC dismisses writ, VAT registration mandatory for tax remission by State Govt u/s 41(1) of Gujarat VAT Act, 2003; Registration being statutory requirement, tax deducted at source by contractee has no ...View More

Sets aside Tribunal order; Statutory penalty cannot be reduced absent jurisdiction 

HC sets aside Tribunal’s order reducing penalty imposed u/s 114A of Customs Act, absent jurisdiction; Neither the authorities, nor Tribunal, nor HC vested with discretion to reduce penalty presc...View More

Allows writ; Undue delay in judgment delivery after hearing prejudicial to litigant 

HC sets aside Adjudicating Authority's order passed after 9 months from conclusion of personal hearing, being prejudicial to assessee; Central Excise Authorities obligated to dispose off proceedings e...View More

Supply of mobile SIMs amounts to 'service', not 'sale'; Applies BSNL ratio

Service tax and not sales tax, applicable on supply of SIM cards to mobile subscribers; SIM card value includible in activation charges since no activation possible without valid functioning of SIM ca...View More

Terminal excise refund available against "Deemed Exports"; CENVAT refund an independent regime 

Supply of goods to Export Oriented Unit qualifies as 'deemed export', Terminal Excise Duty (TED) refund available as per Para 8.3 r/w Para 8.4 of FTP 2009-14; Such refund covered by second part of par...View More

Assessable value lower than production cost to penetrate market, not 'normal price' 

Where assessable value lower than cost of production, excise duty leviable on value of goods taking into account manufacturing cost and manufacturing profit; Sets aside Tribunal’s finding that p...View More