International Tax Ruling


Holds operating & maintaining stockyard as C&F agent's service 

Activity of operating and maintaining stockyard taxable under "Clearing & Forwarding Agent" service, in terms of erstwhile Sec 65 (72) of Finance Act; Rejects assessee's contention that it merely ...View More

Allows credit of SAD paid through DEPB debit, Follows RCC Sales ruling 

Allows credit of Special Additional Duty (SAD) paid on imports through utilization of Duty Entitlement Pass Book (DEPB) credit; Rejects Revenue's contention that assessee entitled to claim only drawba...View More

Candidates salary reimbursement taxable as 'Manpower Supply' Service; Distinguishes Intercontinental ruling 

Service tax leviable on payment of salaries of recruited candidates plus commission; Service tax payable under Manpower Supply Service (MSS); Rejects assessee's contention that activities amount to Ma...View More

Allows duty drawback during EOU debonding, Final duty discharge relevant, not order 

Allows export of goods under duty drawback claim to EOU in the process of debonding; Drawback available post discharge of final duty liability and before issuance of final de-bonding order; Rejects Re...View More

Allows credit of ADC on imports paid through DEPB scrip debit 

Allows credit of additional customs duty (ADC) paid through debit to DEPB scrip for the period before 2000; Rejects Revenue’s contention that credit available only when ADC paid by cash; Para 7....View More

Allows credit to job worker on capital goods, Ownership not relevant 

Ownership of capital goods not relevant for availment of credit; Job worker eligible for MODVAT credit on capital goods lent under leave and license agreement; Rejects Revenue’s contention that ...View More

Machines closed for period spilling over 2 months eligible for duty abatement 

Allows proportionate excise duty abatement under Rule 10 of Pan Masala Rules, 2008, on machines sealed for continuous period of more than 15 days; As long as days of closure were consecutive, it would...View More

Rules on classification as medicament vs cosmetic; Holds 'Moisturex' as medicament 

Classifies 'Moisturex' as 'medicament' for ‘cure of skin diseases’ and not as 'Cosmetic' for ‘care of skin’; Rejects Revenue’s contention that product not classifiable as...View More

Waives service tax pre-deposit, equates condition for invoking Sec. 73 with Sec. 78 

Conditions for invoking Sec. 73 (demand for extended period) and Sec. 78 (imposing penalty) of Finance Act identical; Waives pre-deposit of service tax demand by Tribunal under Goods Transport Agency ...View More

Rebate admissible as manufacturer-exporter only where activity amounts to manufacture 

Rebate under Rule 18 of Central Excise Rules, 2002 to manufacture-exporter available only if underlying activity amounts to manufacture; Rebate not available where goods were manufactured and cleared ...View More