International Tax Ruling


Invokes extended period; Renovation of building unit, floor "commercial / industrial construction service" 

CESTAT Third Member upholds extended limitation period invocation & penalties u/s 77 & 78 of Finance Act, confirming demand on renovation / restoration activities u/s 65(25b) r/w 65(105)(...View More

Miscellaneous Application before Tribunal cannot be construed as appeal; Rejects assessee's application 

CESTAT Third member upholds non-maintainability of assessee’s miscellaneous application (MA), says it cannot be considered as 'appeal'; Relies on SC decision in Gurdev Singh, Ashok Kumar to hold...View More

Iron / Steel structures used for installation of sugar plant not 'capital goods' 

Manufacture of Iron & Steel Structures used for installation of sugar manufacturing plant not classifiable as ‘Capital Goods’ under Rule 57Q of Central Excise Rules, 1944; Consequently...View More

Reimbursement expenses not includibile in taxable value; Rules cannot supersede statutory provisions 

Strikes down Rule 5(1) Service Tax (Determination of Value) Rules, 2006 as ultra vires Section 66 & 67 of Finance Act, 1994 (Act); Value of taxable services for charging service tax must be in con...View More

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