International Tax Ruling


Commission paid on sales to agents results in increased manufacturing activity; Allows credit

CESTAT Kolkata sets-aside disallowance of CENVAT credit on ‘sales commission’ on finding that sales commission has a direct nexus with the sales of product, which in turn is related t...View More

Packaging/labelling spare-parts of earth-moving equipment a manufacture? Remands matter to CESTAT (LB)

SC in a significant decision for industries engaged in the manufacture of earth-moving equipment facing long drawn litigation on levy of excise duty on packaging and labelling of spare parts of earth ...View More

Dismisses Revenue's SLP against Bombay HC ruling quashing SCNs for gross-delay in adjudication

SC refuses to interfere with the division bench judgment of Bombay HC disallowing Revenue to proceed with SCNs kept in the call-book for 7-11 years without adjudication; Attributing the...View More

Quashes ‘cryptic and non-speaking’ order rejecting duty drawback claim; Remands matter

Madras HC quashes order rejecting duty drawback claim on the ground that Assessee has not satisfactorily established the reasons for delay in filing claim, cites them to be “crypt...View More

Dismisses challenge to constitutional validity of Section 9D; Imposes cost upon assessee for protracting proceedings

SC  in appeal assailing twin substantive issues concerning vires of section 9D of Central Excise and Salt Act, 1994 (Excise Act) which applies to the proceedings under the Act before a ...View More

No illegality in credit availed by ICICI-Lombard on payout made to auto-dealers towards infrastructure-support

CESTAT Mumbai sets-aside the demand of Rs. 135 cr (approx) alongwith interest and equivalent penalty raised against ICICI Lombard General Insurance (assessee) on account of denial of CENVAT credi...View More

Duty-payment while challenging value-enhancement construable as made under protest’; Upholds CESTAT-order

Delhi HC concurs with Tribunal, holds that filing of an appeal against the Order-in-Original (OIO) while at the same time paying the duty on enhanced value, would amount to paying the same &...View More

Finds no mis-declaration in VCES declaration; Sets-aside demand on incentives received from Tata Motors

CESTAT, New Delhi grants immunity under the Voluntary Compliance Encouragement Scheme, 2013 (VCES), on finding no substantial mis-declaration in assessee's declaration; Sets aside service tax imposed ...View More

Production in own plant for Principal Manufacturer constitutes job-work, not 'MMR Service'

CESTAT, Ahmedabad rules that activity of producing excisable goods on behalf of Principal Manufacturer [Gharda Chemicals (GCL)] under an agreement in own plant, amounts to manufacture ...View More

Quashes demand under ‘BAS’ on activation charges w.r.t software embedded in equipment

CESTAT Ahmedabad holds that the amount collected by the dealer of electronic and telecom equipment, from their customers against as “activation charges” of equipment/ software features are...View More