International Tax Ruling


Section 142 (9)(b) of CGST Act overrides section 11B; Permits unutilized CENVAT-credit refund

CESTAT Bangalore allows cash refund claimed u/s 142 (9)(b) of CGST Act in a scenario where the assessee (PNB) carried forward unutilized balance of CENVAT credit increased on account of filing revised...View More

Pendency of proceedings before Adjudicating Authority no bar in allowing provisional release

Bombay HC holds that “adjudicating authority may, in its discretion, allow a provisional release” of seized goods (cut and polished diamonds) “notwithstanding the pendency of proceed...View More

Criticises Revenue’s apathetic & hypertechnical approach in denying pre-deposit adjustment under SVLRDS scheme

Bombay HC quashes Form SVLDRS-3 of Designated Committee (DC) under SLVDR Scheme, which failed to consider the factual position regarding assessee’s claim of making pre-deposit of Rs. 32.12 havin...View More

No malafide attributable to real-estate developer regularly discharging liability on receipt of instalments

CESTAT, New Delhi allows appeal of assessee, engaged in residential complex construction who obtained 'completion certificate' from concerned Architect under a bonafide belief that Gram Panchayat is t...View More

Sets-aside notice issued by Dy. Tahsildar attaching firm’s property to recover sales-tax due of partner

Madras HC rules that for the purpose of recovering sales-tax arrears under the Puducherry VAT Act (PVAT Act), the Deputy Tahsildar acting under the Puducherry Revenue Recovery Act, 1970 (PRR) is not t...View More

Chastises State Tax Officer for suppressing vital facts from Court; Orders suspension, disciplinary action

Madras HC directs Commissioner of Commercial Taxes to suspend concerned State Tax Officer (STO) with immediate effect, who was called for clearing air regarding applicability of general exemption to i...View More

Managing investors' money under 'trust structure' by Venture Capital Fund, a 'taxable service'

CESTAT Bangalore holds that Venture Capital Funds (VCFs) established as Trust engaged in managing the amounts invested by Contributors/ Subscribers/Investors squarely falls under Asset Management as a...View More

‘Convenience-fee’ charged by PVR over & above ticket price for online-booking not OIDAR service

CESTAT Delhi holds that ‘convenience fee’ charged by assessee (PVR Ltd.) for online booking of movie tickets through its website is not exigible to service-tax under the cat...View More

Transition of refund amount, subsequently reversed in GSTR-3B, a mere 'inadvertent error'

CESTAT Bangalore observes that transition of refund amount into GST regime was merely inadvertent error which was made good by subsequently reversing credit into GSTR-3B return filed in May 2018; Note...View More

Gujarat HC stays excise-duty recovery on 'remaking' defective automobile batteries under warranty

Gujarat HC issues notice to Revenue seeking recovery of excise duty from assessee vide O-I-O, passed subsequent to issue of 17 show cause notices alleging that remaking defective automobile batteries ...View More