International Tax Ruling


CENVAT Credit refund denied solely based on error in closing balance, illegal 

CESTAT, New Delhi holds that the denial of CENVAT Credit refund claim in part, solely on the basis that the same was to be given in respect of closing balance of credit as declared in the return for t...View More

Revenue doesn't possess unfettered right to terminate proceedings as per convenience, quashes SCN

Bombay HC holds that Revenue does not have unfettered right to choose a time for its termination and conclude proceedings as per its convenience while not disputing Revenue’s right in law to ini...View More

Without adducing sufficient evidence, MEIS benefit cannot be claimed merely basis pleadings

Bombay HC (Division Bench) upholds rejection of assessee’s applications for issuance of Duty Credit Scrips (DCS) under Merchandise Export from India Scheme (MEIS) by DGFT; Rules that merely on t...View More

Construes ‘Tax-dues’ admission in statement as ‘liability quantified’ for SVLDRS; shuns “Mathematical precision”

Bombay HC allows real-estate developer’s writ, reads the term “quantified” used in section 125 (1) r/w clause (e) of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 [SVLDRS Sc...View More

Disallows 'Essar-Steel' from claiming 'purchase-tax' exemption for not using raw-materials in manufacture

SC holds that Essar Steel (ESL, now  Arcelor Mittal Nippon Steel) (eligible unit under ‘The Scheme for Special Incentives to Prestigious Units 1990-95’) is disentitled to exemption fr...View More

DRI’s authority to re-open assessment concluded by SVB, summon Directors challenged; HC restrains coercive-action

Bombay HC in writ petition challenging the authority of  Senior Intelligence Officer, DRI to re-open assessment of value of imported goods already assessed by designated autho...View More

Minimizes penalty on employee for filing shipping bill ‘without knowledge of overvaluation’ by employer

CESTAT Ahmedabad drops the penalty proceedings against assessee for overvaluation of ‘Friction Free Die’(GRP Mould Die) 1CTN (20 pieces packed with one cartons) which were to be exported w...View More

No credit-reversal on wastage arising during chemical-processing returned after 180-days by job-worker

CESTAT Ahmedabad quashes recovery of CENVAT credit on ‘wastage’ of inputs chemicals i.e. Di-Ethyl Triamine Z (DETA) and Amine Z returned by Job-Worker to assessee-manufacturer after proces...View More

Breather to importers in challenge to restrictive BCD concession for 'Denatured Ethyl Alcohol'

Bombay HC disposes challenge made to the restrictive interpretation adopted by Tax Authorities vis-à-vis concessional rate of BCD extended to import of Denatured Ethyl Alcohol (DEA) under Entry...View More

Relegating assessee to alternate-remedy in case involving natural-justice violation an ‘empty formality’

Madras HC (Division Bench), vide a common judgment, sets aside the order of Single Judge relegating the assessee to Appellate Authority while refusing to interfere with the assessment orders passed wi...View More