International Tax Ruling


Imported Nutritional Supplements not being food preparations classifiable under Residual Entry 453 of Notification no. 01/2017 

CESTAT, Ahmedabad quashes order classifying Nutritional Supplements imported by the Assessee being preparations of substances such as Creatine, Nitrates, Glutamine and Amino Acids under Serial No. 9 o...View More

Quashes penalty-imposition alleging smuggling basis statements during investigation; Directs remand with cross-examination 

CESTAT, Ahmedabad sets aside order imposing penalty on Assessee alleging smuggling merely on the basis of statements recorded during investigation and without even granting cross-examination; Notes th...View More

Copy of HC-judgment quashing service-tax liability of VCFs managing investors’ money

Karnataka HC allows a batch of 48 appeals filed by ICICI Venture Capital Funds (VCFs) against the CESTAT ruling which held that VCFs retaining ‘carried interest’, ‘performance fee&rs...View More

Failing to establish betel nuts of foreign origin dismisses appeal, smuggling allegation 

Calcutta HC affirms the order passed by CESTAT Kolkata wherein it ruled in favour of assessee with a categorical finding that “the department has failed to establish that the said goods are smug...View More

Race Promotion Contract between 'Formula One World Championship' and Indian Organiser not 'Franchise Agreement' 

CESTAT, Allahabad holds that Race Promotion Contract (RPC) between Formula One World Championship Ltd (FOWC) and Assessee is not a Franchise Agreement, sets aside demand of service tax u/s 66...View More

Dismisses assessee's review petition against judgment upholding taxability of 'software rights transfer'

SC dismisses assessee's review petition assailing judgment affirming the decision of CESTAT Mumbai, which held that transfer of 'right to use software' is subject to taxation under the category of "In...View More

Defective Polyethylene Terepthalate chips emanating during manufacture forms part of ‘Output’ for SION norms 

CESTAT Kolkata in appeal by manufacturer of Polyethylene Terepthalate (PET) chips, rules on whether the defective PETs emanating in the course of manufacturing final product, should also be considered...View More

Citing BIS-certificate condition deletion, directs release of 'End-Use Bonds' for Hexane (Food-Grade) Import 

Gujarat HC directs the release of 'end-use bonds' furnished by the importer-assessee to secure the release of 'Hexane' imported for food-grade purposes, which was withheld due to the lack of a mandato...View More

Quashes demand raised merely due to existence of non-compete clause in Business Transfer Agreement

CESTAT Bangalore sets-aside the demand of service tax on a Business Transfer Agreement (BTA) for transfer of business as a going concern raised merely due to the inclusion of a non-compete and non-sol...View More

Cellular phone cover classifiable basis customs-tariff & not exemption notification or MeITY policy 

CESTAT, New Delhi allows a batch of appeals, rules that, classification of goods is based on Customs Tariff and not exemption notification issued by Central Government or policy no...View More