International Tax Ruling


Distillery-unit being part of factory availing area-based exemption not entitled to CENVAT 

CESTAT Delhi denies CENVAT credit on capital goods/input services used in setting up the distillery unit which forms part of the same factory (of assessee, availing area-based exemption vide Notificat...View More

Finds importer entitled for refund of IGST paid on capital-goods imported under EPCG-Scheme 

Gujarat HC finds the importer (assessee) of capital goods under the EPCG Scheme “entitled to be refunded the respective amounts of IGST” which was recovered as condition for allowing exemp...View More

Quashes penalty imposition absent condition fulfilment of best judgment assessment; Remits matter

Madras HC quashes order levying penalty on observing that condition of best judgment assessment has not been considered by the Department before passing the impugned order inter-alia levying penalty w...View More

Mere packing chargers with batteries and labelling them not 'Manufacture'; Quashes demand against 'Eveready-Industries'

CESTAT, Kolkata holds that the activity of mere packing of rechargeable batteries along with battery chargers and labelling the same as “Eveready Recharge/Ultima” and “Uniross/Power ...View More

Goods re-imported into DTA taxable; No scope for interpretation in ‘unambiguous’ SEZ-Act

CESTAT Delhi upholds levy of customs duty on re-import of goods into Domestic Tariffi Area (DTA) unit of Lupin Ltd. (assessee) without any manufacturing activity undertaken in Special Economic Zone (S...View More

Merely showing purchases through invoices insufficient to prove 'bonafide'; Allows Revenue's Revision

Allahabad HC rules that “claim for non-taxability cannot be accepted” once the dealer failed to establish the purchases and the physical movement of goods; Holding that ...View More

Calls for fresh ‘categorical finding’ over ITC on foreign-agent commission payment 

SC allows appeal filed by Zydus Lifescience (medicament/drugs manufacturer, formerly known as Cadila Healthcare Ltd.)  against HC order on claim of Input Tax Credit (ITC) on commission ...View More

Shipping Bill re-assessment not final unless 'speaking order' passed; Rejects refund denial

CESTAT Kolkata dismisses denial of refund claim by Revenue citing assessee’s failure to file appeal pursuant to re-assessment of Shipping Bills (SBS) raising demand ...View More

Degree granted by foreign-university not recognised by Indian-law; Upholds demand under commercial-training 

CESTAT Delhi confirms demand of service tax under ‘Commercial Training or Coaching’ on assessee with regard to imparting of education in the field of Postgraduate Courses in...View More

Declaration in ST-3 returns after audit investigation valid 'quantification' for SVLDRS eligibility

Madras HC considers the declaration of assessee in its ST-3 returns filed after initiation of investigation and audit but before the cut-off date of June 30, 2019 as ‘quantification’ of ta...View More