International Tax Ruling


Notes VAT payment on coffee / tea vending machine services, reduces pre-deposit 

HC grants partial respite, reduces pre-deposit in case of service tax demand under ‘outdoor catering service’ for supply of coffee / tea at client’s premises; Issue of service tax ex...View More

Tribunal's reliance on liquid assets misconstrued when P&L A/c shows loss; Reduces pre-deposit 

HC grants partial respite, reduces pre-deposit against service tax demand under reverse charge on ship management, maintenance & repair, business auxiliary and business support services received f...View More

Pre-deposit entailing undue hardship and financial difficulty not enforceable, Tribunal order set aside

Sets aside Tribunal’s order directing pre-deposit of entire tax demand, as pre-deposit entails undue hardship and financial difficulty to assessee; HC holds that Tribunal not justified in orderi...View More

Excavator's interstate sale, whether 'capital asset' / 'stock-in-trade', taxable; Separate registration unnecessary 

HC allows writ, ‘used excavator’ not separately includible in Registration Certificate to effect interstate sale; ‘Excavator & accessories’ exigible to 12.5% tax already me...View More

Evaluate taxability u/s 67 before resorting to Rule 3 of Valuation Rules; Reduces pre-deposit

HC grants partial respite to assessee, reduces pre-deposit against service tax demand on expenses incurred while rendering mining services to license-holders; Assessee entered into 2 agreements with m...View More

Playing cards covered under 'sports goods' for concessional duty; Distinguishes Funskool ruling

'Playing Cards' eligible for exemption from payment of Central Excise duty under Notification No. 02/2011 dated March 1, 2011 to the extent of 5%; All products falling under Chapter 95 of First Schedu...View More

Allows rebate to GE India against R&D service exported to overseas entity 

CESTAT allows rebate against export of R&D services to overseas entity relying on Delhi Tribunal rulings in GAP International Sourcing (India) Pvt Ltd and Paul Merchants Ltd; Rejects Revenue conte...View More

Rule 6(7B) an 'option'; Revenue cannot demand higher tax for non-satisfaction with consideration 

CESTAT sets aside service tax demand @ 0.25% of gross amount charged towards sale and purchase of foreign exchange, under Banking and Other Financial Services (BoFS); Combined reading of Sec 65(12) of...View More

DGFT clarification not binding on Customs authorities for Tariff classification 

CESTAT rules on classification of surplus Marine Gas Oil (HSD) / LDO contained in fuel tanks of vessels brought for breaking, under Foreign Trade Policy (FTP); Surplus fuel classifiable under Heading ...View More

Allows credit on re-insurance services availed by Indian Insurance Co 

CESTAT allows credit of tax paid on re-insurance service availed from overseas companies by Indian insurance provider; Rejects Revenue contention that credit inadmissible since re-insurance takes plac...View More