International Tax Ruling


SC in Rainbow Papers case: Review can't be sought merely for ‘rehearing’ unless circumstances "compelling"

SC dismisses all review petitions against its judgment in Rainbow Papers matter wherein it was held that Resolution Plan ignoring statutory dues is liable to be rejected, remarks that&n...View More

‘Plainly’ reading Incentive scheme, sets-aside benefit restriction to Information Technology Industrial Unit 

Himachal Pradesh HC grants sales tax exemption benefit to assessee, an Information Technology Industrial Unit, (which came into production of UPS, Inverters, Stabilizers etc) by relying on “the ...View More

Dismisses revision; Denies concessional rate on cement to works-contractor, however, deletes penalty

Telangana HC affirms Sales Tax Appellate Tribunal’s order holding that Assessee was liable to pay tax on cement at its normal rate, not concessional rate, pursuant to G.O. dated July 17, 2001, t...View More

Rules on classification of ‘Cheese Polvaromas’ used for dry-mix seasoning; Dismisses Revenue's appeal 

CESTAT Chennai upholds classification of ‘cheese polvaromas’ (product) imported by assessee to be used in ‘Dry Mix Seasoning’ under CTH 3302 (mixtures of “odoriferous sub...View More

Following the dicta of vivid High Courts in striking down Rule 8(3A), quashes demand

CESTAT, Hyderabad on observing that at least four different High Courts have struck down the constitutional validity of Rule 8(3A) of Central Excise Rules, 2002, holds demand of Central Excise Duty as...View More

CESTAT's order not illegal/arbitrary given striking down of Rule 8(3A) by various High Courts

Telangana HC rejects Revenue’s appeal against CESTAT’s order on the issue pertaining to denial of utilization of CENVAT Credit under Rule 8(3A) of Central Excise Rules, 2002 on a...View More

Considering input usage in final-product manufacture, sets-aside CENVAT recovery where vendor waived-off price

CESTAT Ahmedabad sets-aside recovery of CENVAT credit on amounts written off on imported inputs by the vendor on finding that Rule 3 (5B) of CENVAT Credit Rules is not invokable where the goods have b...View More

Transfer of adjudication officer no ground to reject rectification application; Remits matter

Delhi CESTAT, in a matter where application for rectification of mistake u/s 74 of the Finance Act was rejected on basis that concerned Principal Commissioner was transferred, holds that “power ...View More

Statutory levies collected by Contractor as 'pure agent' of customer excludible from contract value 

Kerala HC observes that statutory levies and amounts paid by the Assessee as ‘pure agent’ of customer (who is legally obliged to bear the burden of those levies and expenses) w.r.t. constr...View More

Unspent amount in PLA, in nature of duty, delayed refund thereof attracts interest 

Jammu, Kashmir & Ladakh HC allows writ petition of tea/coffee premixes manufacturer (assessee), allows interest at 6% p.a. on delayed refund of unspent amount lying in the Personal Ledger Account ...View More