International Tax Ruling


Rate fixation for third party vendors, a 'commission agent service' not 'C&F'

Fixing of rates of picture tubes with suppliers for third party vendors constitutes "Commission Agent" services and not "Clearing & Forwarding Agency" services; Core activities of taking custody, ...View More

Treats bundled O&M services as Business Auxiliary Services not 'BSS'

Bundled services in relation to Spot Billing Centers for Electricity Company constitute ‘Business Auxiliary Services' and not ‘Business Support Services'; Rejects assessee’s contenti...View More

CESTAT distinguishes Maruti ruling; After-sale-service payment not an 'additional consideration'

Amount paid by Royal Enfield Motors to dealers for After Sale Service (ASS) and Pre-Delivery Inspection (PDI) of vehicles cannot be treated as "additional consideration" to levy ...View More

Procedure in notification can't be elevated as mandatory requirement  

Absence of original and duplicate copies of ARE-1 forms not a valid ground for rejection of export rebate; Rule 18 primarily requires exporter to establish identity of goods exported and their duty pa...View More

Retro amendment route to "cure defect" constitutionally valid, but penalty levy "arbitrary" 

Upholds constitutional validity of retrospective amendment to Sec 93 of Maharashtra Value Added Tax Act providing proportionate incentives to eligible units; Legislation of validation clause "constitu...View More

Compliance of principles of natural justice a rule, their dispensation an exception

Requirement of complying with principles of natural justice a rule, its dispensation an exception; Though no express provision in Regulation 21 of CHALR, principles of natural justice not excluded fro...View More

Customs Dept can't challenge DGFT's powers to issue import licenses

No powers to Customs Dept to challenge validity of import license issued by DGFT; DGFT had allowed imports while Customs authorities held imports as invalid; DGFT has final authority in matters pertai...View More

No ST on job-work, exemption on final products of EOU not unconditional  

Electroplating of connector components on job work basis for EOU being ‘manufacture’, not classifiable as Business Auxiliary Service; Alternatively, assessee eligible for service tax exemp...View More

Holds manufacturer as seller & not job-worker, rejects Revenue's undervaluation claim

Assessee not engaged in "job work" as agreement clearly implies buyer-seller relationship; Rejects Revenue's argument and holds that supply of moulds per-se by buyer does not constitute job work; Asse...View More

Sale at own accord for principal, a 'commission agent service' not 'C&F'

Sale of goods under own invoice to independent customers on behalf of principal manufacturers, constitutes 'Commission Agent Services'; Unlike Commission agents, Consignment / Clearing and Forwarding ...View More