International Tax Ruling


Recipient can file refund within its jurisdiction regardless of supplier’s location: Third Member resolves conflict 

CESTAT Mumbai (Third Member) rules that the person who bears the service tax (service recipient) can file for a refund within their jurisdiction, and the Revenue cannot insist the filing at the servic...View More

Drops demand on freight charges collected for delivery to buyer’s premises 

CESTAT sets aside the decision of Commissioner holding buyer’s premises as “place of removal”; Noting that SC decision “covers all the aspects of this issue”, holds that ...View More

Quashes order dismissing appeal for non-prosecution; Underscores the precedence of Statute over Rules 

Bombay HC quashes appellate authority’s dismissal of an appeal for non-prosecution, citing statutory priority of Section 26(5)(a) of the Maharashtra VAT Act over Rule 36(2) of the MVAT Rules; Ho...View More

Rejects application for fixing special rate of duty on limitation 

CESTAT Kolkata upholds rejection of application for fixing special rate of duty on the ground of being time-barred; Goes by conditions in Notification No. 20/2007 dated April 25, 2007 and clarifies th...View More

Public-notice imposing additional compliance for third-country-imports vis-à-vis preferential-trade-agreement-rules, not ‘ultra-vires’ 

Bombay HC dismisses writ petition challenging Para-III(1) (also Clause-III(1)) of Public Notice No-55 of 2024 dated 24th June 2024 that imposed conditions on the importer (effecting third country impo...View More

Directs fresh consideration of revision petition; Cites ‘erroneous’ reasoning for Swachh Bharat Cess rejection 

Delhi HC in Energy giant ExxonMobil’s writ petition, quashes rejection of Swachh Bharat (SB) Cess rebate on finding the premise that simultaneous claim of rebate of SB Cess under the Service Rul...View More

Allows CENVAT-credit refund of service tax paid on flat-booking amounts cancelled subsequently 

CESTAT Mumbai permits refund of CENVATcredit of service tax paid on booking amounts received from customers on cancelled residential flats; Notes that...View More

Confiscation of ‘artworks’ based on Customs Commissioner’s personal opinion ‘perverse’; Directs swift release 

Bombay HC sets aside the confiscation order issued by Asst. Commissioner of Customs (ACC) w.r.t seven artworks of world-renowned artists Mr. F N Souza and Mr. Akbar Padamsee on grounds of ‘obsce...View More

Quashes rejection of proof of export, dismisses ground for non-presentation of quadruplicate invoice-copy 

CESTAT Ahmedabad quashes orders rejecting proof of export premised on failure to present quadruplicate copy of invoice (four copies of invoice) noting that “production of original and duplicate ...View More

Commissioner’s decision to select witnesses for cross-examination violates Natural Justice Principle; Remands matter 

CESTAT Ahmedabad remands the issue Rs.156 crore duty demand along with penalty on Gutka manufacturer (assessee) for ‘clandestine manufacture and clearance’ to Adjudicating Authority, findi...View More