International Tax Ruling


Allows reversal of CENVAT credit against adjustment of pre-deposit liability 

Allows reversal of CENVAT credit, against discharge of liability towards pre-deposit u/s 35F of Central Excise Act, 1944; Holds Rule 3(1) of CENVAT Credit Rules, 2004 is not a provision which restrict...View More

Revenue can't combine supply & construction contracts, Relies on Mahindra ruling 

Absent evidence, two separate contracts for supply and construction cannot be held as artificially bifurcated to escape service tax liability under Works Contract Composition Scheme; Sets aside Adjudi...View More

Follows Mafatlal ratio; Duty paid during 'appeal pendency' deemed as under 'protest' 

Duty paid during pendency of appeal proceedings for an earlier period, deemed as "paid under protest"; Limitation period as prescribed under Sec. 11B of Central Excise Act, 1944 not attracted to such ...View More

Revenue's perseverance of "irrelevant legal principles" for paltry demand colossal time waste 

Rejects Revenue's demand for paltry sum of differential excise duty as colossal waste of time of judiciary by pressing irrelevant legal principles; However, accepts Revenue's reliance on Madras HC in ...View More

Settlement Commission can pass orders on matters referred in Commissioner's report 

Settlement Commission entitled to pass orders not only in relation to matters covered by settlement application but also referred in Commissioner's report; Rejects Revenue's contention that Settlement...View More

Quashes CBEC Instruction levying ST on Flying Training Institute 

HC quashes CBEC Instruction dated May 11, 2011 as contrary to provisions of Finance Act and Notification dated April 25, 2011; Holds institutes providing training for 'Commercial Pilot License' and 'B...View More

Holds 'coal fly ash' removal from captive power plant as CENVATable service 

Activity of removal of coal fly ash, a necessity for running Captive Power Plant (CPP); Power plant cannot operate without removal of coal fly ash, and without generation of power in CPP, manufacturin...View More

Absent provision, no interest on delay in payment of crude oil cess 

Interest on delayed payment of cess on crude oil to be levied only if the charging statute, i.e. Oil & Industrial Development Act ('OID Act') makes substantive provision; OID Act having no provisi...View More

Foreign export agents' services revenue-neutral, taxable as BAS but credit available 

Canvassing of export orders by foreign agents on commission basis, a ‘business auxiliary service’ (BAS) in terms of Sec. 65(19)(i) of Finance Act; Accepts Revenue’s contention that s...View More

Trader's loss can't reduce job worker's duty liability 

Trader's loss cannot result in reduction of assessable value in job worker's hands, just as trader's profit cannot form part of assessable value; Rejects assessee’s claim that valuation in case ...View More