International Tax Ruling


Remote, smart card supplied free-of-cost by customer includible in set-top-box valuation

CESTAT rules in favour of Revenue, upholds excise duty demand on valuation of Set Top Box (STB) manufactured and supplied by assessee (Jabil Circuit); Cost of remote control, smart card and software, ...View More

'Noscitur A Socis' principle rescues Reliance, no ST on offshore vessels acquired pre-2010 

Service tax under reverse charge mechanism not applicable in respect of offshore supply of vessels used for exploration in Continental Shelf of India (CSI) and Exclusive Economic Zone (EEZ), pre - Feb...View More

Pre-2006, fabrication / installation of steel structures for clients neither 'manufacture' nor 'BAS'

CESTAT rejects Revenue appeal, holds absent contract / agreement, 'repair and maintenance' activity not liable to service tax during period - June 2005 to March 2006; Further, sets aside service tax d...View More

Credit prima facie available against steel used in capital goods

CENVAT credit prima facie available on steel items used in capital goods (CG) post April 2011 in terms of amended Rule 2(k) of CENVAT Credit Rules, 2004; Rejects Revenue’s contention that credit...View More

CENVAT credit prima-facie available when separate contracts entered for supply & erection

CENVAT credit on goods used in respect of transformers manufactured, erected and commissioned prima-facie available where separate contract executed for supply, erection and commissioning thereof; CEN...View More

Web Hosting prima facie classifiable as 'BSS', not 'ITSS'; Directs partial pre-deposit

Web Hosting Services used for marketing of products prima facie classifiable as ‘Business Support Service’ (BSS), not ‘Information Technology Software Services’ (ITSS)​ ...View More

Upholds Single Judge order; Penalty imposable during course of assessment, completion irrelevant 

HC upholds Single Judge order, penalty imposable u/s 25(3) r/w Sec 67 of Kerala VAT Act even at any time during assessment; Rejects assessee’s contention that penalty can be imposed only if asse...View More

Refers Rule 9 proviso applicability towards pan-masala duty determination to Third Member

CESTAT refers to Third Member issue of sustainability of duty demand under 7th proviso to Rule 9 of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules 2008; Member (Tech...View More

Quashes Tribunal order; 'Reasonable belief' essential to invoke re-assessment prior to Sept 2004 

HC overrules Tribunal order, ‘reasonable belief’ about omission / failure on assessee’s part to disclose all material facts must to invoke provisions of Sec 73(1)(a) of Finance Act; ...View More

Allows capital goods credit for construction of power plant on 'leased land' 

CESTAT Third Member allows CENVAT credit w.r.t. capital goods used for construction of captive power plant (CPP); CPP installed on land leased out for electricity generation for use in assessee’...View More