International Tax Ruling


Installation & testing charges includible in assessable value; Liable to Excise duty 

Installation and testing charges of D.G. sets form part of assessable value for computing excise duty liability; Rejects assessee’s claim that such charges not part of manufacturing activities; ...View More

Denies input credit against Bill of Entry's photocopy 

Denies credit of additional customs duty availed against photocopy of bill of entry on imports through courier; Rejects assessee's reliance on Chennai Tribunal ruling in Controls & Drives Coimbato...View More

Penalty imposable on partial payment of interest post issuance of show-cause 

Penalty leviable where part of interest (on delayed service tax payment) not paid before issue of show cause notice; Reverses Commissioner (Appeals) interpretation of Tribunal ruling in Nischint Engin...View More

Reimbursable expenses not includible in taxable value of C&F service 

Expenses reimbursed to C&F agents for providing taxable services to clients not a part of remuneration / commission; Phrase ‘by whatever name called’ appearing in Rule 6(8) of Service ...View More

Denies credit of inputs used for jetty & port building construction

Tribunal denies credit of cement and steel used for construction of jetty and port building; Definition of inputs for excise in clause (i) is extensive vis-a-vis restrictive meaning of inputs for prov...View More

Service tax credit on cement transportation for repair of mines available 

Allows credit of Goods Transport Agency services for transportation of cement into factory premises; Rejects Revenue's contention that credit not available as cement not an eligible input; Holds such ...View More

No penalty on co-noticees if proceedings concluded against manufacturer/assessee 

Upholds Appellate Commissioner's order dropping penal proceedings against co-noticees on conclusion of proceedings against manufacturer/assessee; Words "other persons" appearing in proviso to Sec. 11A...View More

No interest & penalty on credit wrongly availed but not utilized, pre-2012

No Interest payable for CENVAT credit wrongly availed, which stands reversed, before utilization; Credit reversed before removal, remains only a book entry, as no benefit taken thereof; Relies on rati...View More

Urges lower authorities to follow Tribunal judgments, binding Board circulars 

Proportionate reversal of credit not required for subsequent reduction in value of goods though discount; Relies on Board Circular dated November 17, 2008 and coordinate bench rulings on the settled m...View More

Grants excise duty exemption on goods supplied to contractors for UN projects 

Grants excise duty exemption on supply of goods to Govt of India approved projects, financed by UN or International Organisation; Supply of goods to contractors instead of Project Implementing Authori...View More