International Tax Ruling


Fabrication/Erection of cranes at port a 'Works Contract', not outright sale 

Execution of contract at Madras Port Trust in relation to designing, manufacture, supply, erection, commissioning and assembling of cranes constitutes a composite works contract; Rejects Tribunal find...View More

Dismisses writ citing alternate remedy; Tribunal's pre-deposit dispensation order 'appealable' 

HC dismisses writ petition as alternate remedy of 'appeal' available; Application for dispensation of pre-deposit before Tribunal not independent to appeal; Such order be treated as 'order passed in a...View More

Goods delivery till destination not 'input service', Karnataka HC's ABB ruling erroneous 

Outward transportation of goods upto point of delivery to customer does not qualify as ‘Input Service’ in terms of Rule 2 (l) (ii) of Cenvat Credit Rules, 2004 (CCR); ‘Input Service&...View More

Lease transactions entered pre-1986, 'deemed sale': Distinguishes SC ruling in 20th Century 

Lease transaction agreement entered pre-1986 taxable as ‘deemed sale’ under Section 3A of Tamil Nadu General Sales Tax Act, 1959 (TNGST); Contract entered prior to April, 1986, requires as...View More

Eicher's business undertaking sale exempt from VAT; Assigning price to assets irrelevant 

Sale of two business undertakings out of three, as going concern by Eicher Motors, exempt from VAT under Tamil Nadu General Sales Tax Act, 1959; Relies on various clauses in business transfer agreemen...View More

Loading cargo into wagons, taxable as Cargo Handling Service; Extended period invokable 

Service of loading of cargo into rail wagons and trucks, taxable under Cargo Handling Service (CHS); Rejects assessee’s contention that service not classifiable under CHS as they are only supply...View More

Dismisses Alstom's writ against Tribunal ruling as alternate remedy exists 

HC rejects Alstom's writ petition on CST exemption & penalty matter; Statutory remedy of filing appeal before Central Sales Tax Appellate Authority not exhausted; Order of Tribunal contains factua...View More

Limitation period also applies to interest demand, Hindustan Insecticides relied upon 

CESTAT rejects interest demand, as barred by law of limitation, where duty and penalty, already confirmed earlier; Limitation period applicable not only to principal amount but also to interest claim;...View More

Allows AED refund; Consolidated CENVAT credit account not mandatory 

Allows CENVAT credit refund where refund amount relating to Additional Excise Duty (AED) exceeded CENVAT credit balance of AED, where assessee maintained separate credit accounts in respect of BED and...View More

ISD credit denied to job-worker; Legislative language relevant, not FM speech 

Disallows CENVAT credit distributed by Principal to job-worker with separate legal entity, as office of Principal cannot be considered as office of Input Service Distributor (ISD); Rule 7 of Cenvat Cr...View More