International Tax Ruling


'Water purifiers' not requiring electricity and pressurised tap-water for functioning exempt

CESTAT Bangalore rules ‘water purifiers’ which functions on gravity flow and do not require electricity, pump or pressurised vessel for purifying water to produce potable water, entitled f...View More

Demand on TDS against service-provider untenable absent any deposit by recipient with IT Dept.

CESTAT, Bangalore sets-aside demand of service-tax raised against Assessee (service provider) on the ground that it didn’t include the TDS amounts in the assessable value of the service provided...View More

Allows provisional release of goods required for COVID; Directs authority to pass 'speaking order'

Delhi HC (Division Bench) directs Customs Department to provisionally release imported goods (Procleix Ultrio Elite Assay Kit) seized on account of alleged misclassification, with a rider that goods a...View More

Tribunal cannot remand matter for fresh liability determination where material to adjudicate exists

Allahabad HC holds that where sufficient material exists on record, the Tribunal is expected to decide the matter, on merits, it has no power to pass an order of remand only because it is of the opini...View More

'Outsourcing' does not absolve custodian of its duty; Upholds penalty against DIAL

CESTAT Delhi upholds order imposing penalty on assessee (DIAL) for failure to perform its duty as ‘appointed custodian’ under the Customs bond and abide by provisions of Acts, Rules, Regul...View More

Circular denying SAD exemption on SEZ to DTA stock-transfer not counter to Notification

Madras HC finds no infirmity in Circular No. 44/2013-Customs which denies Special Additional Duty of Customs (SAD) exemption on goods cleared from the SEZ/FTWZ unit into DTA unit on stock-transfer bas...View More

Organising live music concert falls within scope of ‘Amusement’, susceptible to 'Entertainment Tax'

Madras HC rules that organising live music concert by assessee (organiser) falls within the meaning of amusement u/s 3(2-A) of Tamil Nadu Entertainment Tax Act, 1939 (TNET Act) and hence, an entertain...View More

Affirms demand on receipt from insurance companies operating from auto dealer premises 

CESTAT Mumbai finds no justification proffered by assessee in support of claim that providing space to insurance companies for operating at the premises of motor vehicle dealers falls under the exclus...View More

Allows cash-refund of duty credit paid via MEIS scrips; Relies on settled ratios

Delhi CESTAT sets-aside order rejecting refund on the ground that duty was paid by using MEIS scrips, remarks that, “the issue is no more res-integra”; As for Revenue’s contention re...View More

Assessee's refund application post appointed-day to be disposed as per erstwhile statute

CESTAT, Mumbai holds that as per Section 142(3) of GST Act, 2017, an assessee can file the application, claiming refund of amount of CENVAT credit after the appointed day and said application shall be...View More