International Tax Ruling


Show cause notice alleging tax evasion intention mandatory, while invoking extended limitation 

HC holds that show cause notice is mandatory for determining the disputed tax, interest and penalty and same cannot be collected for 5 years without alleging omission / commission of willful suppressi...View More

Refund rejection for lack of challenge to re-assessment, unsustainable; SC ruling distinguishable 

CESTAT quashes adjudication order which rejected refund application in respect of duty paid on imported dialyzers and accessories on ground that re-assessment of bills of entry had not been challenged...View More

Quashes Tribunal's pre-deposit condition for stay, where offshore works contract taxability debatable 

HC quashes order of Sales Tax Tribunal directing pre-deposit as a condition for granting stay against recovery of tax pending statutory appeal; Notes that dispute arose with respect to taxability of p...View More

Classifies MS Re-rollables including used rails as "Scrap"; Policy on shipment date applicable 

HC upholds classification of MS Re-Rollable consisting of used rails as 'Scrap' under Customs Tariff Heading (CTH) 7204 3000 taxable at 5% BCD; Rejects Revenue contention that goods were restricted in...View More

'Freight' cost for imported goods assessment cannot exceed 20% of FOB value 

HC holds that Customs authorities cannot add more than 20% of FOB value as ‘freight charges’ to arrive at assessable value of imported goods, under Rule 10(2)(a) of Customs Valuation (Dete...View More

Grants relief to Indian cricketer; Quashes adjudication order violating 'natural justice' principles 

HC sets aside service tax order for violation of natural justice principles and dismissal of appeal on grounds of limitation, noting that assessee is an Indian cricketer and part of IPL franchise and ...View More

Upholds ADD on "wind operated electricity generator castings", where 'dumping' & 'injury' linkage established 

CESTAT Larger Bench dismisses importer-assessee’s appeal challenging final finding of Designated Authority (DA) and Notification No. 42/2017-Cus (ADD) which imposed definitive Anti-Dumping Duty ...View More

Appeal not maintainable where drawback entitlement dispute dependent on assessee's EOU status 

Third Member rules on maintainability of appeal before CESTAT where question of entitlement to duty drawback depended on status of assessee – whether it is EOU or not; While Member (Judicial) he...View More

Judges split over 'Coconut Oil' classification as "Hair Oil" vs. "Edible Oil"

SC delivers split verdict on classification of ‘Coconut Oil’ packed in small sachets / containers, as “Coconut Oil” / "edible oil" under Chapter Heading 1513 or as “Hair ...View More

Upholds revocation of online Form C facility sans timely remittance of tax due 

HC disallows online Form C generation facility upon default in payment of self-assessed tax liability along with submission of returns, under Puducherry VAT Act; Rejects assessee’s plea that sin...View More