International Tax Ruling


Lays emphasis on transactional documents; Providing mere 'table space' not BAS

Mere providing table space by automotive dealers to banks/financial institutions would not per se amount to “Business Auxiliary Service” (BAS); Where mere space is provided at dealer&rsquo...View More

Concurs with G.D. Builders ratio; Upholds service tax levy pre-2007 on composite contract  

Delhi HC dismisses writ petition challenging validity of service tax levy on works / composite contracts prior to June 1, 2007; No encroachment by Parliament on exclusive powers of State Legislature, ...View More

Absent speaking order on BoE assessment, Sec 128 appeal not "efficacious alternate remedy" 

HC sets aside ex-parte final assessment of 'Bills of Entry' (BoE), being violative of principles of natural justice; Rejects Revenue’s contention that only Sec 17(5) of Customs Act contemplates ...View More

Interprets Sec 125, Rejects redemption fine enhancement absent higher profit margin

CESTAT rejects redemption fine enhancement subsequent to clearance of imported goods, absent evidence of higher Margin of Profit (MoP) on imports; As per Sec 125 of Customs Act, redemption fine cannot...View More

Liquidated damages not includible in transaction value; Concurs with United Telecom ruling 

CESTAT Larger Bench upholds non-inclusion of liquidated damages in transaction value of goods on delay in supply, as per terms of agreement; Interprets Sec 4 of Central Excise Act, subsequent reductio...View More

Interprets Rule 10, can't deny CENVAT credit for mere name change 

Mere change in company name without change in ownership, not ground to deny CENVAT credit to new unit; Rejects Revenue’s contention that assessee failed to obtain satisfaction of Asst. Commissio...View More

Rejects liberal construction to exemption condition violation; Overrules HC judgment allowing relief 

SC reverses P&H HC ruling allowing clubbing of industrial units to avail tax exemption under Rule 28A of Haryana General Sales Tax Rules; Rule stipulates payment of availed tax benefit with intere...View More

Inter-unit transfer by EOU to DTA exempt from SAD, 'Moser Baer' ratio inapplicable 

CESTAT allows SAD exemption on inter-unit transfer of final goods from EOU to DTA; Such stock transfer cannot be construed as ‘exempt sale’, for SAD levy under Notification No. 23/2003 - C...View More

Entry tax rebate not automatic; Overrules Single Judge ruling 

Kerala HC's Division Bench overrules Single Judge ruling; Disallows rebate of entry tax paid on capital goods ineligible from input tax credit (ITC) availment under Kerala VAT Act, 2003; Mere payment ...View More

Rejects writ against bank guarantee encashment citing lack of jurisdiction 

Bombay HC refuses to entertain writ petition under Art 226 against bank guarantee encashment, citing lack of jurisdiction; Mere location of bank within territorial jurisdiction of present Court cannot...View More