International Tax Ruling


 Cites Revenue neutrality, quashes demand despite IPR / IT service credit non-distribution pre-2016

HC upholds CESTAT, sets aside demand raised in respect of ‘coating services’ at Pune unit where assessee utilized entire credit on Intellectual Property Right (IPR) and Information Technol...View More

Absolves Chartered Accountant from penalty absent involvement in fraud perpetrated by importer

Bombay HC quashes penalty of Rs. 5 lacs imposed on assessee, a Chartered Accountant u/s 112(a) of Customs Act, 1962 observing that assessee did not abet in fraud committed by importer involving illega...View More

'Electricity' being excisable, Rule 6 credit reversal not required on sale thereof outside factory 

CESTAT allows assessee’s appeal, no credit reversal required under Rule 6 (3A) of CENVAT Credit Rules, 2004 (CCR) in respect of electricity generated and sold outside the factory gate to custome...View More

Interest on adjusted refund amount accrues from favourable CESTAT order, not sanction date

Delhi CESTAT dismisses assessee’s appeal, holds that interest on amount of refund adjusted accrues from date of CESTAT order doing away the liability against which sanctioned refund was adjusted...View More

Allows credit on machines despite invoice issued on different address of same assessee 

Delhi CESTAT quashes denial of CENVAT credit on purchase of capital goods used to execute work order of mining of mineral, oil or gas services for Madhya Pradesh State Mining Corporation Ltd. despite ...View More

Principal business place, not contract execution place determines situs of Trademark/Patent transfer 

HC rules on situs of Patent/trademark sale, holds that transfer of such right, assessable to tax as sale of intangible/incorporeal goods is exercised from principal place of business of assessee; Note...View More

Meagre 25 days delay cannot deny assessee statutory right to appeal, remands matter 

HC allows assessee’s writ challenging order of Commissioner (Appeals) rejecting assessee’s appeal filed beyond prescribed period; Elucidates that, “the valuable statutory right of ap...View More

Allows exemption to clearance against ICB without insistence on customs notification conditions satisfaction

Chennai CESTAT allows clearance of industrial valves without payment of duty against International Competitive Bidding (ICB) in terms of Exemption Notification No.6/2006-CE; Rejects Revenue’s pl...View More

Corporate re-structuring not simple name change, upholds DA's denial of Notification change request

HC upholds declination of ‘name change’ request by Designated Authority rejecting assessee’s plea to consider its request to record them as a successor in interest of their previous ...View More

Extends credit to 100% EOU, however, denies credit of service tax paid under VCES 

Delhi CESTAT allows CENVAT credit of Rs. 2.78 crores (approx.) to assessee, a 100% EOU in respect of inputs and capital goods procured from indigenous suppliers on payment of duty, relies upon co-ordi...View More