International Tax Ruling


Rule 8(3A) duty discharge must in cash, though contravention construable as 'revenue arrears' 

Excise duty payment beyond statutory due date and 30 days’ grace period must be paid in cash, utilisation of CENVAT credit not allowed, as per Rule 8(3A) of Central Excise Rules; Though finding ...View More

Salary reimbursement liable under 'MSS'; Service rendition at loss irrelevant 

Salary reimbursement of employees engaged with client (pursuant to lease of machines) taxable under ‘Manpower Supply Service’ (MSS) i.e. Sec 65(105)(k) post June 16, 2005; Prior to said da...View More

Prior notice must before DVAT Special Audit; Applies SC's Rajesh Kumar ratio 

HC allows writ, prior notice and grant of reasonable opportunity to assessee must for conducting Special Audit u/s 58A of Delhi VAT Act, 2004 (DVAT Act); Rejects Revenue’s contention that deleti...View More

Airport car parking neither 'airport service' nor 'property renting', reverses Tribunal order 

‘Car parking facility service’ provided at airport, under agreement with Airport Authority of India (AAI), not taxable as 'Airport Service' u/s 65(105)(zzm) of Finance Act prior to June 20...View More

Goods & services value split under VAT irrelevant for service tax levy 

Service tax discharge based on split between goods and services provided under Maharashtra VAT Act (MVAT) / Rules not acceptable, CESTAT terms it as arbitrary determination of cost of goods supplied; ...View More

Retail Sale Price Determination Rules 'retrospective'; Switchgear products assessable u/s 4A pre-March 2008 

CESTAT Third Member confirms excise duty assessment of switchgear products (Heading 85.36) u/s 4A of Central Excise Act, i.e. as per ‘retail price’ instead of Sec 4 (transaction value), pr...View More

Banner advertising on website not 'BAS' pre-May 2006; Revenue's appeal meritless 

Banner advertising on e-Bay website taxable only under “Sale of advertising space and time service” w.e.f May 1, 2006, not “Business Auxiliary Services” (BAS); Since advertisin...View More

Reverses HC order; Denies 75% exemption applying 'special law overrides general' maxim 

SC reverses HC order, denies benefit of 75% tax exemption to cement company as ‘Prestigious unit’ under Rajasthan’s “Sales Tax New Incentive Scheme for Industries, 1989”;...View More

Separately shown stevedoring, loading, transportation charges deductible from turnover; TN tax inapplicable

HC upholds Tribunal’s order, cost of empty bags, stevedoring, clearing, forwarding, loading / unloading charges and transport costs shown separately in invoice, not liable to sales tax; Such cha...View More

Rule 18 rebate claim sans ARE-1 copies allowable; Govt. to decide afresh 

HC sets aside Govt of India’s (GoI) revision order, rebate under Rule 18 of Central Excise Rules may be claimed absent original & duplicate copies of ARE-1; Both, GoI and Revenue failed to c...View More