International Tax Ruling


DTA clearances of EOU in order where positive NFE, Export-Obligation condition met

CESTAT Delhi holds that where EOU manufacturers and exporters (assessees) are exporting identical/similar products and availed DTA clearance while achieving positive NFE and fulfilling export obligati...View More

Reprimands Revenue for issuing ‘non-speaking’ demand order beyond reasonable period

Madras HC sets aside non-speaking excise demand order absent reasoning, issued beyond a reasonable period of time and for being violative of natural justice principles, holds it to be untenable in the...View More

Reversal formula only applicable to apportion 'common input-service' credit; adopts 'harmonious interpretation

CESTAT Delhi quashes demand under Rule 6(3)(i) considering that assessee followed Rule 6(2) and maintained separate records and has not taken credit on inputs/input services used in provision of tradi...View More

Roving enquiry to cull-out truth regarding transactions/liability cannot be done in writ proceedings

Madras HC observes that it “cannot conduct a roving enquiry in order to cull out the truth regarding the transactions done as well as the liability, which is to be ascertained and determined wit...View More

Lifts import duty on Black Fungus drugs till Central Govt.'s final decision on waiver

Delhi HC in a writ petition seeking complete waiver of import duty on Amphotericin B (drug to treat Mucormycosis, i.e. Black Fungus), directs that till a final decision on waiver is taken by the Govt....View More

True UP Payments irrelevant for invoice value, quashes Revenue's order as “inconclusive"

CESTAT, New Delhi holds Revenue’s Order-in-Appeal to be inconclusive since it found several mistakes with the Order-in-Original but neither did it decide on those issues so as to modify the orde...View More

Imputed/Notional freight cost not includible to determine 'transaction value' of remnant ATF

CESTAT Larger Bench in a reference, rules that transportation/freight cost of remnant Aviation Turbine Fuel (ATF), left over in tank of aircraft returning from international flight, is not required to...View More

Conversion of ‘spice’ into ‘powders’ constitutes ‘manufacturing’; Service-tax inapplicable under BAS

CESTAT Hyderabad (Larger Bench) answers in affirmative to the question put-forth relating to whether activity of crushing, pulverizing, converting and packing of spices (turmeric powder’, &lsquo...View More

Quashes interest demand for extended-period w.r.t. terrorism re-insurance services, cites absence of suppression

CESTAT Delhi quashes levy of interest for extended period of limitation on delayed Service Tax payment w.r.t. premium received by assessee for terrorism reinsurance services under Indian Market Terror...View More

Dismisses writ impugning notice; Cites assessee’s “mischievous intent” to stall assessment

Madras HC dismisses writ petition challenging the second assessment notice issued under the TNVAT Act, 2006, in view of assessee’s intention to stall assessment proceedings knowing fully well th...View More