International Tax Ruling


Allows credit refund; Investment advisory services to foreign company qualify as 'export' 

CESTAT dismisses Revenue appeal, allows input service credit refund against investment advisory services provided to foreign entity; Rejects Revenue contention that refund unavailable as such ser...View More

'Consideration receipt date' relevant for export refund; Remands matter for limitation applicability 

CESTAT allows credit of housekeeping, domestic ticketing, food & catering, employee transport for purposes of service tax refund under Notification No. 5/2006-CE (N.T); Relying on Bombay HC ruling...View More

Denies group insurance credit attributable to employees' family members; ESI Act irrelevant 

CESTAT allows input service credit of Group Health Insurance attributable only to employees, not their family members; Service tax paid on insurance of employee’s families no way relatable to as...View More

Allows credit; Commission agent not merely selling goods, but undertaking 'sales promotion' 

CESTAT allows input credit of commission agent services received for sale of liquid gas; Rejects Revenue’s contention that no sales promotion activities rendered by commission agent, hence credi...View More

Condones 168 days delay in filing appeal due to consultant's lapse 

HC condones delay of 168 days in filing appeal before CESTAT; Delay occurred on account of file being misplaced in consultant’s office due to shifting / renovation; Holds that lapse or negligenc...View More

Upholds pre-deposit; Input credit of trading / real-estate prima facie doesn't warrant complete waiver 

HC upholds pre-deposit, input credit availment of services utilised towards trading and real estate business prima facie does not warrant complete waiver; Rejects assessee’s contention that non-...View More

Capital goods use in manufacturing must, not installation within factory; Allows credit 

Tribunal rejects Revenue appeal, allows capital goods credit on cylinders used for storing hydrogen gas on hired vehicles; Rejects Revenue’s attempt to disallow credit on the ground that goods n...View More

Tribunal majority ruling incorrect; Stays switchgear products' assessment u/s 4A pre-March 2008 

HC rules Third Member Tribunal ruling on switchgear products’ retail sale price valuation u/s 4A of Central Excise Act prior to March 1, 2008 ought to be set aside; Third Member failed to consid...View More

Interprets meaning of "gutkha"; Branded gutkha taxable as "unclassified good" 

Sale of branded gutkha during AY 2001-02 liable to U.P. Trade Tax @ 10% as “unclassified goods” r/w Notification dated June 1997; Rejects assessee’s contention that since Gutka liabl...View More

Overrules Tribunal ruling; Tax evasion intention must before goods seizure 

Tax evasion intention sine qua non for seizure of goods; HC quashes Sales Tax Tribunal’s order of seizure on the ground of undervaluation vis-a-vis city retail selling rate; Accepts assessee&rsq...View More