International Tax Ruling


Dismisses Builder Association's SLP; Leaves room open to challenge Rule 58 amendment 

SC dismisses Special Leave Petition (SLP) filed by Builders Association of India against Bombay HC order, consequent to 3 Judge Bench ruling in Larsen & Toubro Limited dated September 26, 2013; Ho...View More

'Surgical cotton' & 'cotton' commercially distinct; Rajasthan / Central Sales tax applicable 

SC upholds sales tax levy on “surgical cotton” at 4% under Rajasthan Sales Tax Act (Act) and Central Sales Tax Act, during AY 1992-93; Rejects assessee’s contention that transfo...View More

Services received by Infosys' branches from overseas service providers not taxable 

Service tax demand not sustainable under reverse charge mechanism under Information Technology Software Service (ITSS) for services received by overseas branch of assessee (Infosys) from overseas sub-...View More

Admonishes advocates' absence in Courts; Warns dismissal/ex-parte orders if delay unjustified 

Bombay HC expresses disappointment on absence of counsels leading to adjournments and delay in disposing of cases; Such state of affairs intolerable hereafter, warns HC; Appeals will be dismissed for ...View More

Escrow money towards construction services not payable to Govt u/s 73A absent liability 

Amount collected from customers and kept in escrow account towards contingent service tax liability not liable to be deposited with Govt u/s 73A of Finance Act; Such collection only cautionary deposit...View More

Recipient / Beneficiary's location important to qualify as "export" of BAS, not performance 

Business Auxiliary Services (BAS) rendered to offshore parent entity in relation to merchandising, product integrity, vendor compliance, quality assurance, fabric sourcing and logistic support in Indi...View More

Limitation period not applicable to refund claim of service tax paid erroneously 

Limitation period of one year as prescribed u/s 11B of Central Excise Act, 1944 (Act), not applicable for claiming refund of service tax erroneously paid on residential flats; Accepts assessee&rs...View More

Invokes extended period; Renovation of building unit, floor "commercial / industrial construction service" 

CESTAT Third Member upholds extended limitation period invocation & penalties u/s 77 & 78 of Finance Act, confirming demand on renovation / restoration activities u/s 65(25b) r/w 65(105)(...View More

Miscellaneous Application before Tribunal cannot be construed as appeal; Rejects assessee's application 

CESTAT Third member upholds non-maintainability of assessee’s miscellaneous application (MA), says it cannot be considered as 'appeal'; Relies on SC decision in Gurdev Singh, Ashok Kumar to hold...View More

Iron / Steel structures used for installation of sugar plant not 'capital goods' 

Manufacture of Iron & Steel Structures used for installation of sugar manufacturing plant not classifiable as ‘Capital Goods’ under Rule 57Q of Central Excise Rules, 1944; Consequently...View More