International Tax Ruling


Grants partial respite to Bharti Airtel on free call facility to employees

Grants Bharti Airtel partial relief on pre-deposit of service tax during pendency of appeal before Tribunal; Orders Airtel to pre-deposit Rs. 25 Cr by May 31, 2013 as against Rs. 80 Cr ordered by CEST...View More

Seller to verify purchasers' registration but not guilty for incorrect ST-1 forms

No obligation on seller of goods to verify authenticity of ST-1 Forms issued by purchasing dealer; However, disallows deduction of sales to unregistered dealer from taxable turnover; Verification of p...View More

Denies input service credit relating to employees' residence; Distinguishes AP HC ruling

CESTAT upholds denial of CENVAT credit on erection, commissioning and installation, man power recruitment and civil construction services utilized outside factory for welfare of employees; Refuses to ...View More

Rate fixation for third party vendors, a 'commission agent service' not 'C&F'

Fixing of rates of picture tubes with suppliers for third party vendors constitutes "Commission Agent" services and not "Clearing & Forwarding Agency" services; Core activities of taking custody, ...View More

Treats bundled O&M services as Business Auxiliary Services not 'BSS'

Bundled services in relation to Spot Billing Centers for Electricity Company constitute ‘Business Auxiliary Services' and not ‘Business Support Services'; Rejects assessee’s contenti...View More

CESTAT distinguishes Maruti ruling; After-sale-service payment not an 'additional consideration'

Amount paid by Royal Enfield Motors to dealers for After Sale Service (ASS) and Pre-Delivery Inspection (PDI) of vehicles cannot be treated as "additional consideration" to levy ...View More

Procedure in notification can't be elevated as mandatory requirement  

Absence of original and duplicate copies of ARE-1 forms not a valid ground for rejection of export rebate; Rule 18 primarily requires exporter to establish identity of goods exported and their duty pa...View More

Retro amendment route to "cure defect" constitutionally valid, but penalty levy "arbitrary" 

Upholds constitutional validity of retrospective amendment to Sec 93 of Maharashtra Value Added Tax Act providing proportionate incentives to eligible units; Legislation of validation clause "constitu...View More

Compliance of principles of natural justice a rule, their dispensation an exception

Requirement of complying with principles of natural justice a rule, its dispensation an exception; Though no express provision in Regulation 21 of CHALR, principles of natural justice not excluded fro...View More

Customs Dept can't challenge DGFT's powers to issue import licenses

No powers to Customs Dept to challenge validity of import license issued by DGFT; DGFT had allowed imports while Customs authorities held imports as invalid; DGFT has final authority in matters pertai...View More