International Tax Ruling


Tax payment between March 1 to May 10, 2013 covered for VCES declaration

Amount paid after March 1, 2013 but before enactment of Voluntary Compliance Encouragement Scheme (VCES) on May 10, 2013, cannot be excluded from declaration; Department’s stand that tax deposit...View More

Consumables used in erection & commissioning services prima facie taxable absent actual consumption 

Deemed value of consumables prima facie includible in taxable value of erection and commissioning services u/s 65(39a) of Finance Act, absent details of actual consumption; Rejects assessee’s co...View More

Pipelines transporting crude oil to refinery not 'factory premises'; Rejects Excise registration

Transportation of crude oil through pipeline which travels through various States not a 'process' integrally connected with final manufacture; Upholds Revenue's action of rejecting assessee's applicat...View More

Finance Act doesn't allow retro rules; Trading not 'exempted service' before 2011

Trading activity neither ‘service’ nor ‘exempted service’ prior to April 1, 2011, input credit not available against services utilised therein; Explanation to Rule 2 of CENVAT ...View More

Manufacturer's customer assistance in export execution not 'Management Consultancy' 

Manufacturer's services of merely assisting customers in executing export orders not taxable as 'Management Consultancy Service' (MCS); MCS services imply services in relation to management of an orga...View More

Amendment to accrual basis taxation rule not 'clarificatory'; Retro application argument 'unsustainable' 

Pre-May 2008, Service tax on receipt of ‘manpower recruitment or supply agency service’ from associated enterprises payable on actual payment of gross amount, not against book adjustments;...View More

Labeling/re-labeling of equipment parts improves marketability, prima-facie manufacture 

Labeling / re-labeling of material handling equipment parts improves marketability, prima-facie amounts to manufacture u/s 2(f)(ii) of Central Excise Act, 1944; Directs 25% pre-deposit of tax demand; ...View More

VAT provisions applicable on construction of immovable property, not sale after construction 

HC clarifies on taxability of development of residential complex activity under Uttarakhand VAT Act; ‘Sale of goods’ being sine qua non for applicability of Act, includes agreement for car...View More

Rejects total demand stay on services to SEZ absent authority from Developer 

Service tax exemption against “Business Auxiliary Services” provided to SEZ developer or Unit under Notification No. 4/2004-ST , prima facie unavailable, absent authorisation from SEZ Deve...View More

Free electricity not "additional consideration" for plant's operation & maintenance services

Electricity supplied free of cost by customer not includible in value of operation and maintenance (O&M) service of air separation plant provided by assessee; Air separation plant owned by assesse...View More