International Tax Ruling


Dismisses Revenue SLP; No service tax leviable on Chit Fund business 

SC dismisses Revenue’s SLP against Delhi HC judgment in Delhi Chit Fund Association; HC had held that services in connection with chit business not liable to service tax; HC further held that ch...View More

Outdoor Catering an eligible 'input service'; GTC and Coca Cola ratio relied 

Allows CENVAT credit on Outdoor Catering Services holding that such services received in factory covered within the ambit of 'Input service' as defined under Rule 2 (l) of CENVAT Credit Rules, 2004; D...View More

Royalty not includible in imported goods valuation absent 'condition of sale' 

Royalty not includible in assessable value of imported goods in terms of Explanation to Rule 10(1)(e) of Customs Valuation Rules, absent condition of sale; As per agreement with foreign collabora...View More

Sales tax retained under State Incentive Scheme liable to excise post July 2000 

SC allows deduction of 75% sales tax collected but retained (along with balance 25%) as per ‘Rajasthan Sales Tax Incentive Scheme 1989’ (Scheme), from assessable value u/s 4 of Central Exc...View More

Dismisses appeal, Customs Brokers cannot appeal against Prohibition orders under Regulation 23 

Appeal against Commissioner of Customs ' prohibition order under Regulation 23 of Customs Brokers Licensing Regulations 2013 (CBLR) not maintainable before Tribunal; Rejects assessee's contention that...View More

Activities incidental to mining not Cargo Handling or Site Formation service, pre-June 2007 

Activity in relation to mining of lignite i.e. removal of top soil from mining area, removal of over burden soil, kankar, sandstone, loading of lignite into trucks, classifiable as “Mining Servi...View More

CVD paid on damaged inputs cenvattable against duty payable on repaired goods 

CESTAT allows credit of countervailing duty (CVD) paid on damaged transformers re-imported into India, against payment of duty on repaired transformers, cleared from factory post undertaking repairs; ...View More

Duty paid under protest not hit by unjust enrichment, Allows refund claim 

Allows refund claim of duty paid under protest as same not hit by bar of unjust enrichment; Contracts being fixed price contract without any escalation clause, limitation u/s 27 of Customs Act, 1962 n...View More

Tax chargeability interconnected to valuation / rate determination; Appeals before HC not maintainable 

Delhi HC rejects maintainability of 12 appeals by Revenue relating to determination of applicability / chargeability of service tax; Determination of any question relating to 'rate of tax' would neces...View More

Angioplasty procedure an "indivisible" contract; Quashes VAT levy on use of 'stents' 

HC allows writ, use of stents / valves during surgical procedures such as angioplasty, not ‘sale’ liable to VAT under Sec 2(ac) of UP VAT Act, 2008; Recovery of charges towards drugs and o...View More