International Tax Ruling


Allows ITC on 'coal' used for 'electricity' generation, utilized exclusively in manufacturing final goods

HC holds assessee entitled to ITC u/s 18(4)(iii) of Jharkhand VAT Act, 2005 (JVAT/Act) on coal utilized for generation of electricity in captive power plant, which in turn, was exclusively used for ma...View More

Credit reversal not required for services in J&K, unused equipment at subscriber's premises

CESTAT sets aside demand of CENVAT credit w.r.t. services provided by assessee in State of J&K for the period for which service tax has been paid on output service despite fact that same was not d...View More

Bombay HC restrains coercive steps for ST recovery towards collection of toll

Show-cause notice (SCN) for recovery of service tax dues with respect to collection of toll for the period October 2013 to June 2017, challenged before Bombay HC; Show cause notice is issued by Additi...View More

Dismisses writ challenging SCN denying preferential duty on imports from Malaysia, relegates matter

Bombay HC dismisses assessee’s writ petition challenging show cause notice (SCN) issued by Customs authorities seeking to deny concessional rate of duty on goods imported from Malaysia disputing...View More

'Intention to evade tax' not presumable, quashes penalty on EOU for mere technical defect

HC allows assessee’s revision application, quashes penalty imposed u/s 15-A-(1) (O) of U.P. Trade Tax Act, 1948 on 100% EOU for a mere technical defect in Form-31 absent any intent to evade tax;...View More

Cannot condone appeal-filing delay while exercising powers of judicial review, dismisses writ

HC dismisses assessee’s writ challenging dismissal of appeal by First Appellate Authority on ground of being filed beyond maximum statutory period of 90 days, finds no reason to interfere with C...View More

Industrial unit’s trade between State of MP and Chattisgarh post bifurcation, an 'inter-state' movement

SC Larger Bench (LB) holds that any trade/movement of goods by an Industrial unit, enjoying benefit of tax exemption/deferment under State Incentive Scheme, would qualify as inter-state and not intra-...View More

Tribunal's direction to deposit 50% of total tax dues for granting stay, 'reasonable'

Bombay HC dismisses assessee’s writ, finds that Tribunal’s order directing the assessee to deposit 50% of total tax dues as a condition precedent for stay of Dy. Commissioner’s order...View More

Restricting deduction from 'works-contract' turnover to purchases used in 'same form', not unconstitutional

SC upholds Division Bench order upholding validity of Rule 6(4)(m)(i) of Karnataka Sales Tax Rules, 1957 (KST Rules) r/w Explanation III to Rule 6(4) which allows deduction from from total turnover in...View More

Importer challenges show-cause notice denying preferential duty benefit over India-Malaysia dispute

Bombay HC begins hearing challenge to show cause notice (SCN) issued by Customs authorities seeking to deny concessional rate of duty on goods imported from Malaysia; Revenue disputes genuineness of '...View More