International Tax Ruling


Depositor immaterial once tax collected against construction service paid to Revenue's credit 

CESTAT sets aside demand against real-estate developer, so long service tax collected from customers on construction services deposited with Revenue, it is immaterial who deposits the same; Assessee...View More

Grants exemption; No difference between "computer" & "vocational" training before June 2005 

HC grants service tax exemption to computer training institute under Notification No. 24/2004-ST w.e.f. September 10, 2004; Imparting computer software / hardware skills can be construed as “voc...View More

Allows writ; Quashes recovery of terminal excise duty refund following Alstom ruling 

Delhi HC allows writ, quashes recovery of Terminal Excise Duty already disbursed under Para 8.2 of Foreign Trade Policy (FTP) against supply to non-mega power project; Concurs with Gujarat HC ruling i...View More

Sets aside ST demand; Pre-owned car exchange a 'sale' transaction, not 'BAS' 

Exchange of pre-owned / used cars for new ones by Maruti Suzuki dealer a pure transaction of purchase and sale, not construable as ‘business auxiliary service’ (BAS); Rejects Revenue conte...View More

Residential complex construction a 'works contract'; Number of service recipients irrelevant 

Construction of residential complex and subsequent sale of apartments to individual buyers taxable as “works contract service” u/s 65(105)(zzzza) of Finance Act; Adjudicating Authority&rsq...View More

Confirms long-term construction contracts re-classification as "works contract"; Leaves composition entitlement open 

CESTAT allows re-classification of on-going construction services to “works contract service” after its introduction w.e.f. June 1, 2007; Relies on CBEC Circular dated August 24, 2010, whi...View More

Lambasts Revenue for ignoring precedents; Jurisprudential stability foundation for stable investment climate 

Business Auxiliary services rendered to overseas entity in relation to evaluation of market trends and identification of prospective customers in India, qualify as ‘export’ under Export of...View More

Laying pipeline for State Industrial Development Corporation, taxable as commercial construction service 

CESTAT upholds service tax on laying of pipelines for Gujarat Industrial Development Corporation (GIDC) under "Commercial or Industrial Construction Service" category u/s 65(25b) of Finance Act, ...View More

Recovery agents service relates to lending business; Credit prima facie eligible pre-2011 

Service tax paid on recovery agent services availed by lending company prima facie eligible for input service credit prior to April 1, 2011; Relies on Bombay HC rulings in Coco Cola and Ultratech Ceme...View More

Passenger service fees collected by airline taxable as BAS, not BSS 

CESTAT confirms service tax demand against Jet Airways, collection of statutory passenger service fee under Indian Airport Authority’s direction taxable as “Business Auxiliary Service&rdqu...View More