International Tax Ruling


Upholds interest for violation of post importation conditions after availing concessions 

Rejects assessee’s contention that, no interest can be levied u/s 28AB, for violation of post importation condition; Interest payable under Rule 8 of Customs (Import of Goods at Concessional Rat...View More

No Cenvat Credit on Electricity supplied outside factory of production 

The expression "used in or in relation to the manufacture of final product" in the definition of 'inputs' to be read in its entirety; Functional utility of goods relevant for determining what constitu...View More

Strikes down levy of service tax on AC restaurants & hotels 

Levy of service tax in relation to serving of food and beverages by restaurants, hotels, inns, guest-house, clubs or camp-sites under Sec 65(105)(zzzzv) & (zzzzw) of Finance Act, unconstitutional;...View More

Regulation 8(5) of CHALR not discriminatory; Temporary licence-holders & fresh applicants distinct 

Holds temporary licence-holders under Customs House Agents Licensing Regulations (CHALR), 1984 distinct from new applicants applying for licence under the 2004 Regulations; Requirement of qualifying t...View More

Denies credit of stock broker services; No nexus with company's main object 

Denies credit of service tax paid on stock broker services for sale of shares; Rejects assessee's contention that sale proceeds invested in business activities, hence relatable to manufacture and supp...View More

Credit reversal mandatory on transfer of inputs from DTA to SEZ

Reversal of credit under Rule 3(5) of CENVAT Credit Rules mandatory on transfer of inputs from DTA to SEZ; Holds CENVAT Credit Rules a complete code that does not envisage 'export' of inputs after tak...View More

Rejects film producers /distributors' petition, Upholds service tax levy on 'Copyright'

Madras HC rejects writ petition by film producers & distributors challenging constitutional validity of levy of service tax on copyright; Upholds levy of service tax on temporary transfer or permi...View More

Revenue barred from re-initiating concluded proceedings based on SC ruling

Adjudicating Authority bound by CESTAT order in remand proceedings, unless set aside by HC in appeal; Tribunal relying on P&H HC order in Ind-Swift Laboratories case, decided matter pertaining to ...View More

Carriage fees received for broadcasting channels classifiable under BAS & not BSS

Carriage fee received for broadcasting channels taxable under Business Auxiliary Service (BAS); Holds better quality of channel enhances viewership of channel amounting to "promotion of channel"; Reje...View More

Service tax, not VAT applies on franchisee agreement, relies on BSNL ruling

Royalty received under franchise agreement for use of trademark liable to service tax and not Kerala VAT; Right to use trademark under franchise agreement a 'mere license to use', not an absolute tran...View More