International Tax Ruling


Publicity and advertisement expense reimbursement to dealers 'non-routine' , excise not applicable 

Reimbursement of publicity and advertisement expenses to dealers 'non-routine', cannot be included in assessable value to levy excise duty; Such expenses incurred by dealer at own accord post sale, no...View More

Allows credit under reverse charge mechanism, though no taxable service rendered 

Person not providing any taxable service, but liable to pay service tax on input services under reverse charge mechanism, eligible to CENVAT credit; Such person deemed to be output service provider as...View More

'Transactional valuation' applies on related & unrelated party sales, not Rule 8 or 9 

Rule 4 of Central Excise Valuation Rules, 2000 (transactional value based rule) applicable where goods sold partly to independent buyers and partly to related persons; Rejects Revenue's contention tha...View More

Free diesel not additional consideration for service; Follows Intercontinental ruling 

Free diesel supplied by service recipient, cannot be included in gross amount charged for services rendered; Rejects Revenue's contention that total value of diesel to be treated as 'additional consid...View More

Allows simultaneous customs duty exemption under two notifications, pending final CBEC decision 

Allows simultaneous customs duty exemption under two different notifications for coal imports from Indonesia; Simultaneous duty exemption available pending final CBEC decision which is evaluating the ...View More

Pre-2004, input credit available for scrap generated during manufacturing of exempted goods 

Allows credit on inputs (i.e. plastic granules) proportionate to waste and scrap generated during manufacture of exempted final products (i.e. intravenous fluids); Since waste and scrap liable to duty...View More

Appeal to determine rate of duty lies before SC, not HC 

Any question relating to excise duty rate, falls under exclusion provided in Sec 35G (1) of the Central Excise Act, 1944; Such question to be agitated before SC as per Sec 35L of the Act and not withi...View More

"Parallel Colleges" not commercial training centers, Service tax not attracted 

"Parallel colleges" excluded from 'Commercial Coaching & Training' services in terms of Sec 65(26) & 65(27) of Finance Act & service tax not applicable; Holds such institutions fall under ...View More

Denies duty credit on clandestinely removed capital goods purchased from dealer 

Denies duty credit to assessee on capital goods purchased from registered dealer (a third party), but were clandestinely removed by original manufacturer without duty payment; Though authenticity of d...View More

Spares used in repairs subject to VAT, no service tax attracted 

No service tax payable on spare parts used for repair of old/damaged transformers under composite contracts; Assessees rightly discharged VAT on value of spare parts shown separately in contract; Reli...View More