International Tax Ruling


Revenue's perseverance of "irrelevant legal principles" for paltry demand colossal time waste 

Rejects Revenue's demand for paltry sum of differential excise duty as colossal waste of time of judiciary by pressing irrelevant legal principles; However, accepts Revenue's reliance on Madras HC in ...View More

Settlement Commission can pass orders on matters referred in Commissioner's report 

Settlement Commission entitled to pass orders not only in relation to matters covered by settlement application but also referred in Commissioner's report; Rejects Revenue's contention that Settlement...View More

Quashes CBEC Instruction levying ST on Flying Training Institute 

HC quashes CBEC Instruction dated May 11, 2011 as contrary to provisions of Finance Act and Notification dated April 25, 2011; Holds institutes providing training for 'Commercial Pilot License' and 'B...View More

Holds 'coal fly ash' removal from captive power plant as CENVATable service 

Activity of removal of coal fly ash, a necessity for running Captive Power Plant (CPP); Power plant cannot operate without removal of coal fly ash, and without generation of power in CPP, manufacturin...View More

Absent provision, no interest on delay in payment of crude oil cess 

Interest on delayed payment of cess on crude oil to be levied only if the charging statute, i.e. Oil & Industrial Development Act ('OID Act') makes substantive provision; OID Act having no provisi...View More

Foreign export agents' services revenue-neutral, taxable as BAS but credit available 

Canvassing of export orders by foreign agents on commission basis, a ‘business auxiliary service’ (BAS) in terms of Sec. 65(19)(i) of Finance Act; Accepts Revenue’s contention that s...View More

Trader's loss can't reduce job worker's duty liability 

Trader's loss cannot result in reduction of assessable value in job worker's hands, just as trader's profit cannot form part of assessable value; Rejects assessee’s claim that valuation in case ...View More

Installation & testing charges includible in assessable value; Liable to Excise duty 

Installation and testing charges of D.G. sets form part of assessable value for computing excise duty liability; Rejects assessee’s claim that such charges not part of manufacturing activities; ...View More

Denies input credit against Bill of Entry's photocopy 

Denies credit of additional customs duty availed against photocopy of bill of entry on imports through courier; Rejects assessee's reliance on Chennai Tribunal ruling in Controls & Drives Coimbato...View More

Penalty imposable on partial payment of interest post issuance of show-cause 

Penalty leviable where part of interest (on delayed service tax payment) not paid before issue of show cause notice; Reverses Commissioner (Appeals) interpretation of Tribunal ruling in Nischint Engin...View More