International Tax Ruling


Refuses procedural leniency, distinguishes BALCO; no Cenvat credit for outside factory inputs 

HC denies CENVAT credit on inputs stored outside factory premises, without prior permission of jurisdictional Commissioner of Central Excise; CBEC Circular dated May 1, 1996 relaxes mandatory requirem...View More

Independent housing construction not a "Complex Construction service", Relies on Marvel ruling 

Construction of 15 independent houses not taxable under "Construction of Complex service" in terms of Sec. 65(105)(zzzh) read with Sec 65(91a) of Finance Act; Tax payable only on construction of build...View More

Allows 25 percent deduction for deemed value of labour on printer AMCs 

Karnataka Clarification & Advance Ruling Authority on VAT, clarifies deduction for 'deemed value' of labour and similar charges, in respect of AMC of printers, plotters, copiers and scanners; Deem...View More

Allows credit on non-duty paid inputs, Buyer only to take 'reasonable care' 

Allows deemed MODVAT credit on inputs received from supplier, despite non-discharge of full duty liability by input-manufacturer; Rule 57A(6) of erstwhile Central Excise Rules r/w Notification No. 58/...View More

Invalidates refund granted solely on buyer's letter, Warrants verification of documentary evidence

Sets aside Appellate Commissioner’s order allowing refund of excess duty under Sec 11B of Central Excise Act, consequent to retrospective price reduction in terms of agreement; Sole reliance on ...View More

Sales Office not merely for 'sales', Allows credit on renting services 

Allows input service credit of "renting of immovable property service" in respect of assessee's sales office; Rejects Revenue's contention that sales office has no nexus with assessee's manufacturing ...View More

Challenge to statute's vires only through writ, Alternate remedy not available 

Sets aside Single Judge order dismissing assessee's writ, for availability of alternate remedy under Statute; Only Courts with writ jurisdiction can adjudicate on validity of statute, not Appellate Au...View More

Grants partial respite to HSBC on Rs. 110 Cr refund matter 

Grants partial respite to HSBC against CENVAT Credit refund claim of Rs 110 Cr, for the period Dec 2005 to Sep 2011; Remand of assessee’s appeals by Appellate Commissioner beyond its powers and ...View More

Exempted waste clearance not 'conscious' manufacture, Allows credit on common input/input services

Allows credit of GTA services and lubricants used in manufacture of final product, viz. sponge iron though waste from inputs cleared absent duty; Rejects Revenue's contention that iron ore and coal fi...View More

Duty payment on intermediate goods equals credit non-availment, Allows concessional duty benefit 

Grants benefit of concessional 1% duty on final products, where excise duty on intermediate product paid; Discharge of duty on intermediate goods as good as non availment of CENVAT credit on inputs; R...View More