International Tax Ruling


Restores appeal, directs CESTAT to consider credit exigibility on angles, beams used for ‘Repairs'

HC restores appeal finding that CESTAT was not correct and justified in passing order without examining eligibility of credit on angles, beams, channels etc. as 'inputs' defined under Rule 2(k) of CEN...View More

Quashes Circular issued post GST, Commissioner not empowered to decide 'registration' withdrawal/cessation

HC sets aside Circular No. 7/2017-GST dated September 05, 2017 post GST implementation w.e.f. July 1, 2017 restricting dealers from availing benefit of paying CST @ 2% by utilizing benefit of FORM C; ...View More

'Modification' not substitute for 'review', rejects petition against order directing second-hand machine release 

HC rejects Revenue’s modification petition against order directing release of second hand digital Multifunction Print & Copying Machine upon payment of applicable duty on enhanced value; Rej...View More

Overrules DB, Govt. can retain 'excess' auction proceeds following 'absolute' confiscated property vesting

HC Larger Bench (LB) holds that Government can retain excess auction proceeds after adjusting customs duty, interest, penalty and redemption fine where importer did not made such payment within time s...View More

Valuation Rules applicable sequentially, rejects ''decorative lightings" valuation under Rule 7, 9 

SC sets aside order of Commissioner as well as CESTAT in relation to duty imposed on import consignments of electric decorative lightings under brand names ‘Diyas’ and ‘mAntra’...View More

Revives writ, directs HC to decide issue of liability of interest on 'Entry Tax'

SC directs HC to answer question relating to nature and extent of liability of interest on Entry Tax on assessee under U.P. Tax on Entry of Goods into Local Areas Act, 2007 in appeals preferred agains...View More

Tribunal's non-adjudication of 'additional ground' justified, PP Powder used as raw-material not 'chemical'

HC rules in favour of Revenue, holds Tribunal as legally justified in not adjudicating on additional ground relating to levy of sales tax on surrender of Exim Scrips, which was never agitated in earli...View More

Dismisses Revenue's appeal, upholds classification of 'Homeo Hair Oil' as a 'medicine'

SC upholds classification of product ‘Aswini Homeo Hair Oil’ manufactured by assessee under Entry 37 of Schedule-I to The Andhra Pradesh General Sales Tax Act, 1957 (APGST Act) as a 'medic...View More

Quashes penalty where default in tax payment was attributable to agent, not assessee

CESTAT sets aside penalty imposed u/s 76, 77 and 78 of Finance Act, 1994 for not depositing service tax amount with Revenue authorities where assessee was making compliance of service tax payment thro...View More

Underwriting Commission paid to foreign lead manager not taxable under ‘Banking Service’

CESTAT holds that ‘underwriting commission' paid by assessee to foreign Lead managers on issuance of Foreign Currency Convertible Bonds (FCCB) is not taxable under “Banking and other Finan...View More