International Tax Ruling


Stays tax recovery on immovable property renting pre-Sept 2011, Follows SC's directions

Directs Revenue to refrain from coercive recovery of 'service tax' arrears on renting of immovable property, prior to September 30, 2011; Rejects Revenue's applications filed pursuant to SC ruling in ...View More

No VAT on provision of telecom towers absent transfer of 'right to use'

No transfer of 'right to use' in provision of telecom towers and shelter ('passive infrastructure') to telecom operators on sharing basis; Activity of passive infrastructure not 'deemed sale', not lia...View More

Repair services without contract liable to tax, Rejects reliance on CBEC Circular

Manufacturer bound to pay service tax on repair services irrespective of a written agreement; Assessee’s own interpretation of taxing statute prone to gross misinterpretation of liability as wel...View More

IPL a "sports" event, Sponsorship fees out of service tax levy

Sponsorship fees paid by DLF and Hero for IPL matches (during 2008-2010) not liable to service tax; IPL cricket games held as 'sports event' and covered within exclusions of Sec. 65(105)(zzzn) from le...View More

No powers to Appellate Commissioner to review discretionary order passed u/s 35F 

No provision present in Excise law authorizing Appellate Authority to review order passed exercising discretion u/s 35F; CESTAT upholds order of Commissioner (Appeals) rejecting application for modifi...View More

Despite no statutory time limit, orders interest payment for inordinate refund delay 

Holds interest payable on delayed refund of sales proceeds to owner of goods; Where no specific period prescribed under law, all statutory powers required to be exercised within reasonable period; Non...View More

Interprets Settlement Commission provisions 'purposively'; holds date of dispatch as adjudication date 

Settlement Commission's order refusing to admit the application on grounds of limitation patently erroneous; Application for settlement filed on Jan 14th but the adjudication order was passed on Jan 1...View More

Follows Eicher ruling, Accepts additional discount on related party imports 

Rejects Revenue's 'additional discount' argument on related party imports; Accepts transaction value of imports for levy of customs duty; Additional discount offered by foreign related party supplier ...View More

Interest on tax payment default not applicable if no return filed 

Interest on default for payment of sales tax (in tax return) not chargeable if no return filed at all and consequently no tax paid thereon; Tax becomes due only after assessment as per return filed, a...View More

No inherent right of appeal to CHAs, upholds CESTAT ruling 

Upholds no right of appeal to Custom House Agent ('CHA') against Prohibition Orders under Regulation 21 of CHA Licensing Regulations; Regulations constitute “self-contained code” for licen...View More