International Tax Ruling


Interest on delayed refund of pre-deposit by Revenue absolute; Relies on SC Ruling

Allows interest on delayed refund of pre-deposit beyond three months consequent to Tribunal’s order; Obligation to pay interest subserves requirement of fairness which every statute must observe...View More

No duty on capital goods' scrap cleared pre-introduction of provision in CCR

Clearance of scrap and waste arising from worn out capital goods not liable to reversal of credit or payment of duty; Duty payable on such removal only from date of insertion of sub-rule 5A in Rule 3 ...View More

Allows tax credit on factory shed construction; Distinguishes Larger Bench ruling

Allows credit of service tax paid on construction services used for setting up coal shed in factory; Holds construction of shed for storage of coal a necessity for manufacture of final products and th...View More

Allows service tax refund on services wholly consumed within SEZ

Allows refund of service tax remitted in relation to services (like architects, interior decorator and consulting engineer) wholly consumed within SEZ; Notification No.15/2009-ST replaced clause (c) o...View More

Allows full credit of service tax despite short payment of invoice value 

Allows CENVAT credit of full service tax despite short payment of invoice value to service provider; Holds credit cannot be reduced when service tax paid to Govt. by service provider has not varied; R...View More

Allows CENVAT credit on capital goods used in erection of paint shop

Allows capital goods credit of items falling under Chapter 85 used for erection of paint shops; Rejects Revenue’s contention that credit not available since goods used for paint shop, an immovab...View More

Provision of cold storage facility a 'C&F' service; Demand hit by limitation 

Provision of cold storage facility pursuant to Clearing & Forwarding agreement taxable under ‘Clearing & Forwarding’ services; Perishable nature of frozen products necessitates sto...View More

Excise duty paid on non-receipt of goods refundable without recourse to CENVAT credit 

Upholds excise duty refund on receipt of goods removed for testing purpose, beyond stipulated time limit in terms of Rule 16C of Central Excise Rules, 2002; Rejects Revenue’s contention that ass...View More

Denies input duty refund on export of exempt goods; Distinguishes own ruling 

Rejects refund of duty paid on inputs used in manufacture and export of peanut butter, an exempted product; Refund not available as credit inadmissible against exempted final product in terms of Rule ...View More

Sale of space/time an "advertising agency" service, Distinguishes Euro RSCG ruling 

CESTAT upholds activities in relation to sale of space/ time as 'advertising agency' services; Board Circular prima facie conveys an implication that mere sale of space / time would not constitute as ...View More