International Tax Ruling


Redemption-fine on smuggled goods cannot exceed 'market-price', fact that Tug hired/owned inconsequential

HC upholds Tribunal’s findings that the maximum redemption fine (in lieu of confiscation) for illegal import of goods (diesel oil) cannot exceed the market price of the smuggled goods in terms o...View More

'Slice' classifiable as a 'Fruit Drink', not 'Energy Drink', directs Revenue to refund excess tax

P&H HC allows assessee’s appeal, holds that Pepsico’s 'Slice', made of mango, sugar & water is covered under Entry 100-D of Schedule C to the HVAT Act, taxable at 5.25%; Rejects Re...View More

Approved resolution plan cannot stop garnishee proceedings when VAT authorities unaware of CIRP

HC dismisses writ petitions filed by Electrosteel Steels (‘Corporate Debtor’) challenging the garnishee order passed by Deputy Commissioner of Commercial Taxes (‘Respondent’) a...View More

Rejects 'Car matting' classification as motor-vehicle part/accessory, 'common parlance' test inapplicable

SC finds no error in order of Tribunal classifying “car matting/carpets” under Chapter 57 of First Schedule to Central Excise Tariff Act, 1985 under the heading “Carpets and Other Te...View More

HC : Cannot withhold refund for an 'indefinite-period' for "want of cross-verification" details, imposes 

Telangana HC allows assessee’s writ, holds that "want of cross-verification" details cannot be a ground for withholding refund for an indefinite period of time; Observes that, “refund with...View More

Post-importation activities not includible in assessable-value of every import with 'Turnkey-Contract' features

SC dismisses Revenue’s appeal, upholds Tribunal order that drawings and technical documents related to post importation activities for assembly, construction, erection, operation and maintenance...View More

Tax-authorities cannot stipulate 'time-frame' for taking goods-delivery from carrier for 'subsequent-sale' benefit

SC dismisses Revenue’s appeal, holds that the tax administration/authorities cannot impose a limit or timeframe within which delivery of the goods has to be taken from a carrier as a condition o...View More

Allows CENVAT credit on Crane/Dry-Dock fabrication to 100% EOU, Upholds CESTAT 

Gujarat HC dismisses Revenue's appeal, allows CENVAT on HR Plates, MS Flats, MS Coils, Wire Ropes, Rail, Welding Electrode used in the fabrication of Cranes/Dry-Dock to assessee, a 100% EOU, engaged i...View More

Explains promissory estoppel doctrine, upholds restriction on area-based exemption to actual value addition 

SC, while deciding a batch of appeals, upholds validity of Notifications which prescribed that excise duty refund would be allowed to the manufacturer undertaking manufacturing activities in concerned...View More

HC: CENVAT lapsing not envisaged for 'optional-exemption', placement of stipulation not a 'draftsman-error' 

Bombay HC holds that assessee (a manufacturer of Yarn and Grey Fabrics) is not required to reverse the entire credit lying in balance on the date of opting Exemption Notification No.30/2004-CE dated J...View More