International Tax Ruling


Dismisses writ, non-grant of rebate/set-off of CST against 'entry tax' not unconstitutional

Bombay HC holds that Entry No.16 of Schedule to Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 (Maharashtra Entry Tax Act), as amended is not ultra-vires Entry 52 of list II to the Seven...View More

Pipe transportation cost to customer's site not includible in AV of manufactured pipes 

CESTAT holds that cost of transportation of pipes to customer’s site for erection and installation of lift irrigation systems is not includible in assessable value of pipes manufactured and remo...View More

Directs release of consignment detained pursuant to Notification stayed by Court order

HC directs release of consignment of ‘Peas’ and ‘Dhalli’ imported under Bill of Entry (B/E) observing that interim stay has been granted in respect of operation of Notification...View More

Allows CENVAT credit on ’Maintenance Charges’ of Industrial area, distinguishes SC ruling 

CESTAT allows assessee’s appeal, extends CENVAT credit of ‘maintenance charge’ of industrial area under a lease deed entered with Madhya Pradesh Audogik Kendra Vikas Nigam; Perusing ...View More

Allows 100% CENVAT credit utilisation on grinding wheels, cutting tools, cites Solaris ruling

CESTAT holds ‘grinding wheels, cutting tools, Inserts, etc’ as ‘inputs’, eligible for 100% CENVAT credit with 100% utilization in same Financial Year; Notes that term 'capital ...View More

Upholds royalty addition as imported goods value considered for royalty calculation

CESTAT upholds addition of royalty to the value of imported goods in terms of Rule 9 (1) (c) of Valuation Rules, 1988 / Rule 10(1)(c) of Valuation Rules 2007; Relies upon various Apex Court decisions ...View More

Allows unutilized CENVAT credit refund claim considering assessee's technical testing/analysis, 'export of service'

CESTAT sets aside CCT(A)’s order, allows refund claim of unutilized CENVAT credit considering assessee’s provision of technical testing and analysis services as ‘export of service&rs...View More

Quashes adjudication order pending consideration of matter before Settlement Commission

HC allows assessee’s writ, quashes confiscation order passed by Additional Commissioner of Customs on the ground that matter was pending consideration before Settlement Commission (Commission); ...View More

'Debit notes' representing materials supplied by customers, not non-monetary consideration u/s 67

CESTAT sets aside recovery of tax and penalty u/s 78 of Finance Act, 1994 under ‘commercial or industrial construction service’ while holding that ‘debit notes’ referred u/s 67...View More

Quashes penalty absent malafide intent, where duty, interest discharged before SCN issuance 

CESTAT dismisses Revenue’s appeal against order of Commissioner (Appeals) which set aside penalty u/s 77 & 78 of Finance Act, 1994 r/w CENVAT Credit Rules, 2004 (CCR) imposed for mismatch no...View More