International Tax Ruling


Denial of 'transitional arrangement' on non-basmati rice export upon policy amendment "bad-in-law" 

Bombay HC holds as unjustified, restriction imposed vide clause 2 of Notification No. 20/2023 [which amended export policy of Non-Basmati Rice against ITC (HS) code 1006 30 90,  from &l...View More

Crane Services by means of transfer to Transport Department for use being service contract, doesn’t constitute sale 

Rajasthan HC rules that Crane Services provided by the Assessee to Transport Department do not constitute sale as provided u/s 2(35)(iv) of Rajasthan VAT Act and is a contract of service hence, the or...View More

Set aside Revenue’s re-classification of ‘Howaru probiotic culture’ as ‘food preparation’ 

CESTAT Mumbai rejects Customs Department re-classification of imported ‘‘Howaru probiotic culture’ under tariff item 2106 9099 as ‘food preparation’, upholds the assessee...View More

Third-Member answers reference, allows refund of duty-paid on outward-freight by manufacturer in J&K 

CESTAT Chandigarh, in a reference to a Third member, allows refund of excise duty paid by assessee (availing area-based exemption) on outward freight charges for transportation of goods from their fac...View More

‘Invoice-wise break up not required in returns’; Quashes 'extended period' demand on HeroMoto Corp 

CESTAT Delhi sets aside demand on availment of CENVAT credit on services of repair and maintenance of vehicle while ruling on the Department’s allegation of non-disclosure of the information tha...View More

Cash refund of Cesses balance not allowable by mere transition to Tran-1 

CESTAT Delhi upholds Commissioner’s stance that there is no provision in CENVAT Credit Rules, 2004 (CCR) or Central Excise Act, 1944, to allow cash refund of Cesses (Education Cess and Higher Se...View More

Credit distribution by HO as ISD to single manufacturing unit in order; Sets-aside demand 

CESTAT, Ahmedabad sets-aside entire demand based on allegation of distribution of credit by Head Office (HO) as Input Service Distributor (ISD) to assessee’s single unit [at Athal (Silvassa)] an...View More

Quashes SCN premised ‘only’ basis Form 26AS without further inquiry 

Gujarat HC critiques show cause notice (SCN) issued making assessee liable to payment of service tax on the basis of the information retrieved from the Income Tax Department in Form 26AS (TDS) “...View More

Outlining scope of Court's review jurisdiction, dismisses Revenue's petition in 'Tata Steel' case 

Allahabad HC outlines scope of Court’s power to review, remarks “review jurisdiction is a solemn duty bestowed upon the High Courts to rectify errors that may have crept into their judgmen...View More

Directs refund of tax paid by Torrent-Power on ocean-freight; Sub-ordinate authority bound by Court judgment 

Gujarat HC directs refund of Service Tax already paid by Torrent Power Ltd. (Assessee) pursuant to Notification 15/2017 Service Tax (holding importers liable to service tax on ocean freight) declared ...View More