International Tax Ruling


Remand of service tax proceedings for denovo adjudication well within Appellate Commissioner's powers 

HC dismisses Revenue appeal against Tribunal’s order, Commissioner (Appeals) vested with powers to remand case back to lower adjudicating authority for de novo adjudication u/s 85(4) of Fin...View More

Upholds service tax on “renting of immovable service”; Retro amendment “ex abundanti cautela” 

Delhi HC upholds constitutional validity of retrospective amendment to Sec 65(105)(zzzz) r/w Sec 66 of Finance Act, levying service tax on “renting of immovable property”; Rejects assessee...View More

Grants partial respite to Aircel against valuation of software imported with equipment 

HC grants partial respite to Aircel in matter of valuation of software embedded in imported telecom equipment, waives 50% pre-deposit; Alongwith equipment, assessee imported software on media claiming...View More

Depositor immaterial once tax collected against construction service paid to Revenue's credit 

CESTAT sets aside demand against real-estate developer, so long service tax collected from customers on construction services deposited with Revenue, it is immaterial who deposits the same; Assessee...View More

Grants exemption; No difference between "computer" & "vocational" training before June 2005 

HC grants service tax exemption to computer training institute under Notification No. 24/2004-ST w.e.f. September 10, 2004; Imparting computer software / hardware skills can be construed as “voc...View More

Allows writ; Quashes recovery of terminal excise duty refund following Alstom ruling 

Delhi HC allows writ, quashes recovery of Terminal Excise Duty already disbursed under Para 8.2 of Foreign Trade Policy (FTP) against supply to non-mega power project; Concurs with Gujarat HC ruling i...View More

Sets aside ST demand; Pre-owned car exchange a 'sale' transaction, not 'BAS' 

Exchange of pre-owned / used cars for new ones by Maruti Suzuki dealer a pure transaction of purchase and sale, not construable as ‘business auxiliary service’ (BAS); Rejects Revenue conte...View More

Residential complex construction a 'works contract'; Number of service recipients irrelevant 

Construction of residential complex and subsequent sale of apartments to individual buyers taxable as “works contract service” u/s 65(105)(zzzza) of Finance Act; Adjudicating Authority&rsq...View More

Confirms long-term construction contracts re-classification as "works contract"; Leaves composition entitlement open 

CESTAT allows re-classification of on-going construction services to “works contract service” after its introduction w.e.f. June 1, 2007; Relies on CBEC Circular dated August 24, 2010, whi...View More

Lambasts Revenue for ignoring precedents; Jurisprudential stability foundation for stable investment climate 

Business Auxiliary services rendered to overseas entity in relation to evaluation of market trends and identification of prospective customers in India, qualify as ‘export’ under Export of...View More