International Tax Ruling


Quashes Revenue's 'hyper-technical' objection to redeem Advance Authorizations, where export genuineness undisputed 

HC quashes decision of Policy Relaxation Committee (PRC) refusing to allow redemption of Advance Authorizations for want of ‘bills of export’ and absence of Authorization number in ‘...View More

Rejects writ petition; Classification of imported LCD panels ascertainable under 'appellate remedy'

HC dismisses writ petition challenging the classification of imported LCD panels under CTH 9013 vis-a-vis CTH 8529, rejects assessee’s attempt to by-pass the appellate remedy to inter alia avoid...View More

Larger bench mandates applicability of 'limitation' for refund of tax paid mistakenly 

CESTAT Larger bench rules 2-1 on applicability of limitation as prescribed u/s 11B of Central Excise Act in case of refund of service tax paid mistakenly; Notes that assessee’s refund claim, in ...View More

Upholds interest on delayed CENVAT credit reversal on traded goods under Rule 6(3)(A)(e)

CESTAT upholds interest under Rule 6(3A)(e) of CENVAT Credit Rules, 2004 (CCR) on late reversal of CENVAT credit attributable to traded goods in terms of Rule 6(3)(A); Notes assessee's contention that...View More

Elevator & components supplied from another State for works contract execution, not VATable

HC holds that supply of elevators / lifts and components from assessee's Central Procurement Division in Maharashtra for executing works contract in Karnataka, constitutes an inter-state supply of goo...View More

CENVAT credit reversal against capital goods untenable absent Revenue's rebuttal to assessee

HC quashes Adjudicating Authority’s order upholding credit reversal / levy of duty on transaction value in respect of sale and lease back of capital goods in terms of Rule 3(5) of CENVAT Credit ...View More

Quashes CESTAT order absent independent application of mind on reversed credit refund 

HC sets aside CESTAT order rejecting refund claim u/s 11B of Central Excise Act seeking re­-credit of excess CENVAT credit reversed in terms of Rule 6(3)(ii) of CENVAT Credit Rules, 2004 on molass...View More

Constructing hospital a non-commercial activity, tax inapplicable; However, GTA services availed taxable 

CESTAT holds that construction of hospital building is not taxable as ‘commercial or industrial construction’ service; Referring to CBEC Circular Nos. 80/10/2004-ST & 86/4/2004-ST and ...View More

No tax on stock-broker where affiliate discharges liability during financial services facilitation

CESTAT quashes adjudication order confirming service tax on stock broking services rendered to investors, where show cause notice demanded tax under ‘Business Support Services’ category fo...View More

Allows refund pursuant to assessment finalization; Reiterates 'unjust enrichment' principle inapplicabity pre-1999 

HC allows refund of excise duty arising out of finalization of provisional assessments pre-1995 in respect of medicaments manufactured by assessee; Observes, while refund claim was initially rejected ...View More