International Tax Ruling


Revenue obligated to pay interest on refund, pendency of matter before SC inconsequential

HC upholds CESTAT order allowing interest on refund sanctioned where principal amount was refunded consequent to HC order; Relying upon SC ruling in Ranbaxy Laboratories, CESTAT held that assessee was...View More

Upholds EOU-DTA sale of machine upon duty payment at concessional rate on transaction value

CESTAT upholds sale of obsolete Die casting machine by 100% EOU to DTA buyer holding EPCG licence on payment of 5% excise duty on ‘transaction value’; Perusing content of letter issued by ...View More

Suo-moto credit of duty paid inadvertently has no 'legal sanctity', denies such adjustment

CESTAT dismisses assessee’s appeal, holds that suo-moto CENVAT credit availment of inadvertently paid excise duty twice is not legally tenable; Opines that, there is no statutory mandate for dou...View More

Assessment proceedings absent 'speaking order' untenable, upholds classification of ‘toy-rocker’ as ‘plastic-toy’

CESTAT allows assessee’s appeal, upholds classification of ‘toy rocker’ under Heading No. 95030090 of First Schedule to Customs Tariff Act, 1975 (CTA); Citing Revenue’s failure...View More

One-to-one co-relation of input services with export not required, allows refund to 100% EOU

CESTAT allows refund under Rule 5 of CENVAT Credit Rules, 2004 (CCR) to 100% EOU engaged in providing Banking and Other Financial Services (BoFS); Accepts assessee’s plea that, rejection of refu...View More

Allows export benefit for SEZ supplies despite 'Bill-of-Export' non-availability, sets-aside EPCG Committee's minutes

Bombay HC holds that the absence of 'bill of export' will not lead to denial of the supplies made to SEZ as exports; Notes that Export Promotion Capital Goods (EPCG) Committee rejected assessee's appl...View More

Valuation-Rules inapplicable for assessing goods sold from depot where discount known at factory

CESTAT dismisses Revenue’s challenge to finalization of assessment on actual transaction value of goods sold at 'depot' which were cleared on ‘stock transfer’ basis from factory by r...View More

Restricts coercive recovery of 'entertainment-tax' from shareholder of company operating multiplex

Bombay HC stays recovery of Rs. 10.32 crores towards 'entertainment tax' under the Maharashtra Entertainment Duty Act from assessee being a shareholder of the company that owned and operated multiplex...View More

'Financial difficulty cannot justify non-payment', upholds penalty for non-deposit of tax collected

Bombay HC upholds penalty under proviso to Section 78(1) of Finance Act, 1994, holds that "financial difficulties faced by the appellant can never justify the nonpayment of tax to the Government"; Not...View More

Importers from Nepal can opt for old procedure for transhipment; stays Public Notice

HC stays operation of Public Notice (PN) No. 08/2019 dated January 25, 2019 and e-mail dated March 22, 2019 w.r.t. complete stoppage of old procedure (through submission of Customs Transit Declaration...View More