International Tax Ruling


No ISD Registration required by marketing office for transferring credit to single manufacturing unit

CESTAT Ahmedabad holds that where assessee has only one manufacturing unit and revenue has not produced any evidence otherwise, there is no need of ISD Registration for a marketing office from which a...View More

Parallel proceedings for absolute confiscation & duty demand cannot continue; Allows provisional release

CESTAT Chandigarh holds the show cause notice issued in remand proceedings for absolute confiscation as barred by limitation as per section 110 (2) of Customs Act, allows provisional release of goods ...View More

Credit reversed under protest after audit-objection only ‘provisional’ & not final, allows refund

CESTAT Ahmedabad allows refund of CENVAT Credit reversed under protest due to audit objection, holds that, said payment cannot be said to have attained finality in terms of 11A (2) of Central Excise A...View More

Denying refund of tax-paid on rentals absent ineligible-credit recovery 'incorrect in law'

CESTAT Mumbai rules that denying refund of tax paid on rentals “is incorrect in law in the absence of recovery of credit for ineligibility”, consequently, allows refund of tax paid on rent...View More

Burdening SEZ-Unit with duties for minor procedural lapse will defeat scheme objective

CESTAT Ahmedabad upholds sanctioning of refund claim as well as condoning delay in filing by the Adjudicating Authority on finding that under any circumstances the SEZ Unit (Assessee) should not be bu...View More

Reimbursable expenses collected from clients not taxable, however, tax collected to be deposited

Hyderabad CESTAT sets-aside service tax demand on reimbursable expenses collected from clients,finds that "service tax has to be levied only for consideration received for service" refers to SC ruling...View More

50% capital credit availed by service-provider at changed business location 'legal and correct'

CESTAT, Ahmedabad holds that Assessee (a service provider) taking CENVAT credit of 50% on capital goods at Surat on account of change in office location from Mumbai is "absolutely legal and correct", ...View More

Cannot invoke Cr.P.C. provision for disposal of goods confiscated under Customs Act

Delhi HC holds that goods confiscated under Customs Act cannot be disposed of under Code of Criminal Procedure, follows own decision in PRK Diamonds; Notes that, Dry Dates imported by Assessee from Du...View More

No penalty where assessee filed second BoE as old one got purged/erased in ICEGATE

Madras HC allows waiver of late filing charges imposed on importer (assessee) on account of filing second Bill of Entry (BoE) where first BoE was purged and erased by ICEGATE system architecture; Note...View More

Ascertaining correctness of job-worker's liability necessitates 'fact finding exercise'; relegates assessee to appeal

Bombay HC in a case of alleged violation of Rule 10A of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 by assessee’s job-worker, dismisses writ petition in ...View More