International Tax Ruling


No service tax on Hostel construction of educational institute 

CESTAT Ahmedabad holds that the construction of hostel building of educational institute (Gujarat Adani Institute of Medical Science) cannot be termed as ‘commercial or industrial construction s...View More

Allow refund to Adani Power Mundra for non-taxability of ocean freight; Modifies remand order 

CESTAT Ahmedabad allows Adani Power Mundra Ltd (assessee) refund of service tax paid on ocean freight, stating that once the levy is declared unconstitutional by Gujarat HC in SAL Steel Ltd case, ther...View More

Quashes service tax demand on employee cost recovery deputed to group entity 

CESTAT Ahmedabad quashes service tax demand for ‘man-power recruitment or supply agency service’ on the recovery of employees cost deputed by assessee to its group entity, noting that prim...View More

Remuneration paid by Company to Directors ‘salary’, outside service tax scope 

CESTAT Ahmedabad quashes demand of service tax on remuneration paid by company to the directors, holds that “remuneration paid by the appellant to the directors are clearly in the form of salary...View More

Rules on ‘reasoned approach’ for customs valuation, re-assessment; Enhancement solely on NIDB-data "unwarranted" 

Delhi HC in a  batch of appeals quashes CESTAT order which in challenge to reassessment by assessee-importer confirmed enhanced valuation by proper officer despite absence of ‘reason of dou...View More

Absent reversionary rights, sub-leasing of property a leasehold rights' 'sale', not renting-service 

CESTAT Ahmedabad drops demand against Assessee who sub-let the land leased by Gujarat Informatics Ltd. (Government of Gujarat undertaking) after development of IT hubs, to its customer/client for one-...View More

Recovering duty -forgone for EODC non-submission after 26 years 'unreasonable'; Allows Mahindra's writ 

Bombay HC allows Mahindra and Mahindra’s writ petition, quashes notice issued by Customs Commissioner’s officer u/s 143 of Customs Act, that was issued after delay of 26 years to recover d...View More

Higher figure applied under SVLDRS out of ‘abundant caution’ no ground for rejection

Bombay HC quashes rejection of application by assessee-applicant under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 [SVLDRS] noting that mentioning higher figure ‘merely’ out of ...View More

Ex-Director not liable for Company dues posthumously; Quashes property attachment 

Gujarat HC quashes Revenue’s recovery certificate and lifts the attachment of residential premises which were issued in ex director’s (deceased) name for recovery of the outstanding dues o...View More

Sets-aside confiscation of roasted areca-nuts undertaken disregarding Court's order; Directs immediate release 

Madras HC sets aside confiscation of ‘roasted areca nuts’ by Customs Authorities on finding non-consideration of certain parameters put forth by Advance Ruling Authority (AAR) as affirmed ...View More