International Tax Ruling


Just as liability to service-tax continues post GST, right to avail credit also protected

CESTAT Chennai allows refund of CENVAT credit in cash pertaining to service tax paid in March 2019 on services received from the foreign service provider (software import) in pre-GST era; Rules that &...View More

Tax-paid under RCM on ocean-freight pursuant to audit-objection creditable, refundable post GST

CESTAT Delhi holds assessee eligible to CENVAT credit of service tax paid under Reverse Charge Mechanism (RCM) on ocean freight in pursuant to audit objection; Thereby allows refund of same “und...View More

Advance Authorization benefit not deniable for mere misdeclaration when goods usage for exports undisputed

CESTAT Ahmedabad sets-aside order denying benefit of Advance Authorization to Assessee on ground of misdeclaration of imported goods given the undisputed fact of use for manufacture of export goods; H...View More

CENVAT Credit on capital goods not deniable once duty becomes payable

CESTAT, Chandigarh rules that “As long as the capital goods ….were used in the manufacture of dutiable goods (post 7.7.2009), nothing stops the appellant from taking CENVAT credit even on...View More

Sikkim HC issues notice in plea challenging denial of sanctioned Cess refund to Pharma Co.

Sikkim HC issues notice in writ petition assailing denial of refund to tune of Rs. 4 crores of Education Cess (EC) and Secondary Education Cess (SEC) filed by multinational pharmaceutical company upon...View More

DRI not “proper officer” for imported goods classification; cannot stall assessment

Madras HC holds that for purpose of classification and valuation of imported consignment of goods (Areca nuts), DRI officers are not ‘proper officers’ as defined u/s 2(34) of Customs Act, ...View More

Quashes refund rejection basis an intra-departmental communication; DRI letter not an order

Madras HC observes that “Rejection of the refund claim …..merely based on a intra-departmental communication is not sufficient” adding that DRI communications which led to assessee ...View More

Service Tax levy impermissible on Job-Charges which have already suffered excise-duty

CESTAT Allahabad holds that service-tax cannot be levied on fixed components of job-charges which formed part of cost of manufacture and have suffered excise duty, refers to co-ordinate bench ruling i...View More

RMC manufactured at site not dutiable; allegations in SCN not supported by facts

CESTAT Allahabad observes that “in trade parlance ‘concrete mix’ and ‘RMC’ are used interchangeably, as clarified by the Board Circular and by the Hon’ble Supreme C...View More

Kalyan Jewellers challenges Rs. 80 crores demand raised invoking limitation, claims absence of suppression before Kerala HC

Kerala HC issues notice while granting stay of show cause notices (SCN) invoking extended limitation period to demand differential excise duty (12.5%) on articles of silver jewellery, hedging and gold...View More