International Tax Ruling


Refund of services received before registration unavailable; Karnataka HC's mPortal ruling inapplicable 

CESTAT rejects refund of input services received by branch office before date of centralised registration, against export of service; Facility of centralised registration being a special facility unde...View More

'Capital goods' definition comprehensive, Allows credit on PVC Cables / Panel Boards

HC allows MODVAT credit on PVC cables and Panel boards affixed as electric connection in factory, under Rule 57Q of erstwhile Central Excise Rules, 1944; Such goods fall within ambit of "capital goods...View More

Service tax discharge by main contractor doesn't absolve sub-contractors' obligation to pay 

Sub-contractors providing commercial or industrial construction services to main contractor, liable to discharge service tax independently, as per Finance Act provisions; Rejects assessee’s cont...View More

'Transaction value' below production cost between interconnected undertakings hit by Fiat ratio 

CESTAT rejects transaction value less than production cost on sale of electrical distribution boards to related person; Determination of quantum of production and sale price of manufactured goods, pro...View More

Construction of Floating Restaurants a 'works contract', not an 'outright sale' 

Construction of floating restaurant amounts to 'works contract' and not 'outright sale'; Floating restaurant floats on a platform, instead of building embedded to earth and is nothing short ...View More

Cricket promotion not a charity, Vidarbha Cricket Association liable under 'Club' service 

CESTAT Third Member upholds service tax demand on Vidarbha Cricket Association under 'club or association service' u/s 65(105)(zzze) r/w Sec 65(25a) of Finance Act, 1994; Rejects assessee's contention...View More

Raw material processing on job-work amounts to 'manufacture', not 'BSS' 

Processing of raw material supplied by principal being 'manufacture', cannot be subjected to service tax under 'Business Support Service' (BSS); Accepts assessee’s contention that processing act...View More

Upholds tax on tour organising through hired vehicles under 'tour operator services' 

CESTAT upholds service tax on tours organised by hiring tourist vehicles, u/s 65(105)(n) r/w Sec 65(52) of Finance Act during the period 2000-02; Rejects assessee's contention that only persons having...View More

Upholds interest on HSD Oil credit recovery, Relies on Sangram Spinners ruling 

SC upholds levy of interest at 24% p.a on recovery of wrongly availed MODVAT credit against High Speed Diesel Oil (HSDO) u/s 112 of Finance Act, 2000; Provisions of Sec 112 merely declaratory in natur...View More

Rejects 'captive value' for excise duty on promotional packs, 'Transaction value' appropriate 

Products supplied as free promotional samples must be valued based on 'transaction value' for excise duty payment; Method specified under Rule 4 based on value of identical/similar goods cleared for s...View More