International Tax Ruling


Allows duty-relief on exempt product made from by-products of dutiable goods 

HC rejects Revenue's appeal seeking 8% excise duty demand on "exempt" product (Bio-compost fertilizer) made from 2 by-products; Exempt product made from by-products of dutiable final goods, can't be s...View More

Calls for more Tribunals across the country; Grants stay of demand 

HC grants stay of excise duty demand pending application for stay with appellate authorities; Union of India failed to set-up more Tribunals; Takes note of single bench of Tribunal at Bangalore coveri...View More

Reverses CESTAT ruling, Allows inputs tax credit on storage outside factory 

CENVAT credit available on input services utilized outside factory of production; Rule 3(1) must be read with broad and comprehensive meaning of ‘input service’ under Rule 2(l); Use of wor...View More

Can't deny proportionate input tax credit against bad debts on output services 

Reversal of input service tax credit not required against bad debts arising on output services; No provision in CENVAT Credit Rules to deny proportionate credit on input services utilised in providing...View More

Upholds ONCG's service tax credit; 'Input services' defined in broad manner 

HC allows Cenvat Credit to ONGC on input services used to obtain crude oil at Mumbai Offshore and which is utilised in manufacture of dutiable goods at Uran plant; Use of words “directly or indi...View More

No service tax on 'foreign university courses' if recognized degree also offered

Service tax not applicable on unrecognized clinical medicines courses offered by Institute of Clinical Research (India) in collaboration with foreign university, since Institute also provided degree c...View More

Service tax on ATM certification services attracted even before specific amendment

ATM software and security certification services rendered before May 1, 2006 attract service tax under “Technical Inspection and Certification Services”; Rejects assessee's plea that servi...View More

Appeal barred if CESTAT order deals with valuation / tax rate

HC rejects Revenue's service tax appeal against CESTAT order in Bharti Airtel Ltd; “Nature of CESTAT's order” determines maintainability of appeal before HC;  Even though ap...View More

Tribunal not bound to address grounds not argued in written/oral submissions

CESTAT not bound to consider grounds of appeal that are not addressed in written submissions or during oral arguments; Pressing on grounds of challenge before Tribunal is a matter of exercise of profe...View More

Compounding order not mere 'administrative order', Appealable before Tribunal

Upholds CESTAT's admission of appeal against Chief Commissioner's order for compounding offence; Rejects Revenue's claim that order compounding offence is merely an 'administrative orde...View More