International Tax Ruling


Non-compete agreement doesn't constitute 'Business Auxiliary Services'; Fees non-taxable before July 2012

Consideration received under a ‘non-compete’ agreement not taxable as “Business Auxiliary Service” prior to July 2012; CESTAT notes that in terms of Business Transfer Agreement...View More

Suspends DGFT's demand notice seeking recovery of SFIS benefits vis-a-vis foreign brands

Delhi HC suspends demand notice issued by DGFT officers seeking recovery of sanctioned SFIS benefits under relevant FTP during the period 2003 to 2014; Demand had been raised pursuant to Bombay HC rul...View More

'Optical fibre cables' imported for telecommunication not individually 'sheathed', dutiable under CTH 90.01

CESTAT Larger Bench upholds classification of 'Optical Fibre Cables’ (OFC) imported for use in Telecommunication under CTH 90.01, leviable to customs duty at 10% under Notification No. 21/2002-C...View More

 'Bakery shortening' not "Vanaspati", classifiable under HSN Code 1517; Upholds residuary tax rate

HC upholds Clarification Authority's classification of ‘bakery shortening’, a product derived by preparation of mixture of hydrogenated vegetable oils, under HSN heading 1517, taxable unde...View More

'Charger' in singular retail 'mobile' package not taxable separately; Distinguishes Nokia judgment

Allahabad HC quashes levy of VAT on mobile phone chargers sold in composite retail package along with such mobile phones, under U.P. VAT Act; Holds that SC judgment in Nokia India Pvt. Ltd. is not a p...View More

Disallows Excise Duty credit utilisation towards NCCD & Education Cess to exempted manufacturer

HC disallows utilization of basic excise duty credit towards payment of NCCD and Education Cesses to motor cycle manufacturer (assessee) availing area based exemption under Notification No. 50/2003-CE...View More

Stays provisional safeguard duty imposition on "solar cells" before initiation notification expiry

Madras HC directs continuance of status quo and bars precipitative action by Central Govt. pursuant to preliminary findings by Director General (DG) Safeguards recommending a provi...View More

Admonishes Revenue's tendency to deny ITC because invoices don't match tax period

Karnataka HC rules that claim of deduction / set off of ITC against output tax liability cannot be restricted / denied merely because such claim is made in respect of sale invoices not pertaining to s...View More

'Service export' transaction not vitiated where foreign currency remittance credited in INR

CESTAT allows ‘export’ benefit where Foreign Inward Remittance Certificate (FIRC) mentions receipt of remittances in assessee’s bank in INR; Relying on coordinate bench decision in S...View More

Interest deposit under wrong accounting head cannot deny benefit of reduced penalty

CESTAT extends benefit of reduced penalty to assessee on deposit of interest + 25% penalty within stipulated period pursuant to Tribunal order; Rejects Revenue’s stand that since interest was de...View More