International Tax Ruling


Appeal to determine rate of duty lies before SC, not HC 

Any question relating to excise duty rate, falls under exclusion provided in Sec 35G (1) of the Central Excise Act, 1944; Such question to be agitated before SC as per Sec 35L of the Act and not withi...View More

"Parallel Colleges" not commercial training centers, Service tax not attracted 

"Parallel colleges" excluded from 'Commercial Coaching & Training' services in terms of Sec 65(26) & 65(27) of Finance Act & service tax not applicable; Holds such institutions fall under ...View More

Denies duty credit on clandestinely removed capital goods purchased from dealer 

Denies duty credit to assessee on capital goods purchased from registered dealer (a third party), but were clandestinely removed by original manufacturer without duty payment; Though authenticity of d...View More

Spares used in repairs subject to VAT, no service tax attracted 

No service tax payable on spare parts used for repair of old/damaged transformers under composite contracts; Assessees rightly discharged VAT on value of spare parts shown separately in contract; Reli...View More

Larger bench upholds interest liability u/s 11AB for period before 2001 amendment 

Interest under provisions of un-amended Sec. 11AB of the Central Excise Act, 1944, applicable even prior to date of amendment (i.e. May 11, 2001); Amendment by Finance Act, 2001, effective from May 11...View More

State levy on rectified spirit imports under garb of regulatory measure unconstitutional 

Quashes levy of fees on import of rectified spirit unfit for human consumption; Holds levy beyond State’s / Board of Revenue’s (BoR) legislative competence / rule making power; In substanc...View More

Date of application, not order relevant for interest on duty refund 

Holds interest on refund of duty available on expiry of 3 months from date of receipt of application and not from the date of passing of order/payment of duty ; Rejects assessee's contention that inte...View More

Allows credit of underground cables for internal communication; Distinguishes SC's Maruti Ruling 

Allows MODVAT credit under Rule 57AA of erstwhile Central Excise Rules, 1944, on underground telephone cables used for communication within factory of manufacturer; Such goods falling under Chapter 85...View More

Allows reversal of CENVAT credit against adjustment of pre-deposit liability 

Allows reversal of CENVAT credit, against discharge of liability towards pre-deposit u/s 35F of Central Excise Act, 1944; Holds Rule 3(1) of CENVAT Credit Rules, 2004 is not a provision which restrict...View More

Revenue can't combine supply & construction contracts, Relies on Mahindra ruling 

Absent evidence, two separate contracts for supply and construction cannot be held as artificially bifurcated to escape service tax liability under Works Contract Composition Scheme; Sets aside Adjudi...View More