International Tax Ruling


Drilling well doesn't amount to prospecting for oil, no service tax payable 

Drilling of wells not an activity related to exploration of oil or prospecting for oil, not taxable as ‘Survey and exploration of minerals service’ pre-June 2007; Assessee not engaged in l...View More

Assessee not ‘output service provider’; Disallows GTA service credit against transportation charges 

CESTAT disallows utilisation of GTA service credit for discharge of service tax on transportation charges; Interprets Rule 2(p) of CENVAT Credit Rules (CCR), service received by assessee can neither b...View More

'Limitation' a statutory right; Upholds assessment after 8 years allowed under law 

HC dismisses writ, assessment order passed on March 30, 1998 for AY 1989-90 not barred by limitation in terms of Sec 21(2) of U. P. Trade Tax Act; Though such assessment may prima facie be barred by l...View More

Dismisses SLP; Upholds HC decision on scope of Chief Commissioners' Committee's directions 

SC dismisses assessee’s SLP, upholds Delhi HC judgment setting aside Tribunal order on legality of appeal filed u/s 86(2) of Finance Act on Committee of Chief Commissioners’ direction; Del...View More

Allows refund to service recipient upon downward price revision, absent unjust enrichment 

HC allows refund of excess service tax paid by service recipient consequent to downward revision of transmission charges ​payable to service provider; Rejects Revenue’s contention that assesse...View More

Evaluate 'Photo developing' taxability against BSNL ruling; 'Rainbow' ruling not 'good law' 

HC allows Revenue's revision application on taxability of photo developing, printing and processing under UP Trade Tax Act; Quashes Tribunal order which allowed assessee’s appeal by simply relyi...View More

Sets aside penalty, tax paid after authorities noticed but before SCN issue 

CESTAT sets aside penalty u/s 78 of Finance Act 1994, issue of show cause notice (SCN) unsustainable when liability along with interest discharged; Demand raised by Revenue alleging non-payment of tax...View More

Bank loan promotion services not a service under brand name 

Marketing / promotion services (BAS) provided to ICICI Bank Ltd. (ICICI) for commission, not a service provided under ICICI brand name; Displaying banner on premises with words ‘Franchisee of IC...View More

Sets aside CESTAT order allowing duty drawback during EOU debonding process 

HC sets aside ​ ​Tribunal order allowing duty drawback availed in respect of exports made during EOU de-bonding process; Assessee applied for exit from EOU scheme and between period of application...View More

Supplementary services on behalf of Principal tour operator taxable pre & post 2004 

HC upholds service tax levy on 'supplementary services' provided to foreign tourists by tour operator on behalf of Principal Tour Operator (PTO), confirms CESTAT ruling; Upholds levy for the period pr...View More