International Tax Ruling


No provision for registering FIR in tax-evasion matters; Quashes proceedings under entry-tax, IPC

P&H HC observes that, an FIR could not have been registered against a person who was alleged to have evaded tax absent any provisions under VAT Act, remarks that since VAT “Act is a Code in ...View More

Revival of adjudication proceedings after 9 years violates ‘natural justice’ principle; Quashes SCN 

Bombay HC finds no justification for inaction of revenue for keeping the adjudication of SCN pending and seeking revival of the same after 9 years, remarks “revival of show cause notice will ser...View More

Relaxes pre-deposit amount considering 'mitigating circumstances and financial condition' of car-rental company; Disposes writ

Delhi HC in view of “the mitigating circumstances and the financial condition” of the assessee, a car rental company, relaxes the sum of mandatory pre-deposit required for filing appe...View More

Upholds Revenue’s liability to pay interest on delayed refund; follows Ranbaxy laboratories 

Madhya Pradesh HC holds that the statute vide Section 11BB of the Central Excise Act makes it obligatory for Revenue to pay the interest on delayed refund if refund is not made within three months fro...View More

Revenue cannot insist upon IEC at time of rendering services for which SEIS-benefit claimed

Delhi HC holds that Revenue cannot insist upon IEC at the time of export/rendering of services for which SEIS benefit is claimed, in light of the amendment to Para 2.05 of FTP 2015-2020; Observes that...View More

Receipt of application, not order-date relevant to compute interest on delayed refund; Reiterates SC-ratio

Bombay HC holds that Revenue’s liability to pay interest on delayed refund commences from expiry of 3 months from the date of receipt of the application for such refund and not upon expiry ...View More

Receipt of application, not order-date relevant to compute interest on delayed refund; Reiterates SC-ratio

Bombay HC holds that Revenue’s liability to pay interest on delayed refund commences from expiry of 3 months from the date of receipt of the application for such refund and not upon expir...View More

‘Oxygen' not raw-material for steel manufacturing but only refining agent; Denies concessional rate

SC allows Revenue’s appeal, rules that oxygen gas whose main function is to reduce the carbon content as per the requirement, cannot be said to be a “raw material” use...View More

Rules on valuation method for related party transactions; Upholds CBEC circular, Revenue's interpretation

In a significant ruling delivered today, Supreme Court rules on the valuation method to be adopted for determining the transaction value for goods sold to related parties; Court upholds Revenue adopti...View More

Amount deposited pursuant to audit-objection, in nature of revenue-deposit; Directs refund with interest

CESTAT Hyderabad allows a bunch of appeals for varying periods on issue of non-inclusion of outward freight in the assessable value, also directs refund of duty paid pursuant to au...View More