International Tax Ruling


Allows refund claim of excess CVD, challenge to assessment not required under amended Section 27 

HC allows refund u/s 27 of Customs Act, 1962 of CVD paid where assessee paid higher duty despite reduction of effective CVD to 1% on mobile handsets vide Notification No. 12/2012 dated March 27, 2012 ...View More

Aggregate clearance value of job-workers construable to determine threshold for trader's liability

SC holds assessee, getting cotton fabrics and made-ups falling in Chapter 52 & 53 of Central Excise Tariff Act, 1985, manufactured through job workers, liable to duty, where aggregate clearance va...View More

Allows Revenue's appeal, HC cannot entertain transporter's association writ on classification matter

SC rules that writ petition filed by Transporters Association was not entertainable by HC on dispute pertaining to classification of service as ‘cargo handing service’ (CHS) or ‘good...View More

Overrules HC, prosecution under 'Customs Act' w.r.t. 'antiquity' not inconsistent with 'Antiquities Act'

SC allows Revenue’s appeal, holds that a prosecution u/s 132 and 135(1)(a) of Customs Act, 1962 (Customs Act), is not barred in regard to antiquities or art treasures for breach of Section 3 of ...View More

Refund claim denial for delay caused due to department’s re-organization post GST, untenable

CESTAT allows refund of unutilized input service credit under Rule 5 of CENVAT Credit Rules, 2004 (CCR) r/w Notification No. 27/2012-CE (NT) where the delay was not in the date of filing claim but, du...View More

Demand unsustainable on used 'moulds' sent to job worker for processing/repairs

CESTAT allows assessee’s appeal, quashes demand on unfit/old/used cast iron (CI) moulds removed for job work for repairs/processing under Notification No. 214/86-CE; Noting that CI moulds used b...View More

BoE filing not mere formality, upholds penalty absent submission of documents substantiating EO fulfilment

Delhi HC upholds levy of penalty u/s 11(2) of Foreign Trade Development and Regulation Act, 1992 (FTDR Act) where assessee failed to file necessary documents to evidence fulfilment of its Export Oblig...View More

Job-worker liable to duty on goods manufactured for unit availing area-based exemption

CESTAT disallows benefit of exemption under Notification No. 214/86 where goods were manufactured on job-work basis for an entity availing area based exemption under Notification No. 52/2003-CE; Obser...View More

LB to decide issue pertaining to RSP determination using best judgment prior to Rules

Larger Bench (LB) to decide the issue whether it is permissible for Revenue to ascertain RSP, by using best judgment method, for the purpose of assessment in case of situations envisaged in sub-sectio...View More

Buyer's refund claim of duty paid under protest, filed beyond 6 months, unsustainable

SC rejects refund claim filed by buyer (assessee) of conveyor beltings, a Public Sector Undertaking engaged in coal mining, beyond 6 months of purchase in respect of central excise duty paid by manufa...View More