International Tax Ruling


No interest where tax discharged according to return; Assessee cannot predict final assessment 

HC quashes demand of interest u/s 18(4)(a) of Madhya Pradesh VAT Act on additional VAT payable consequent to price revision of LPG by Central Govt. after issuance of invoices by supplier; Observes, pr...View More

Affirms local levy on Customs Dept.'s e-auction; Bidding from outside State inconsequential 

HC confirms recovery of local sales tax dues arising from e-auction sale conducted by Customs Dept. at Chennai, thereby rejecting assessee-bidder’s plea that such purchase initiated from Mumbai ...View More

Quashes assessments denying ITC against DEPB licenses for falling outside First Schedule 

HC sets aside assessment orders reversing Input Tax Credit (ITC) on purchase of DEPB / REP licenses by assessee, u/s 19(1) of Tamil Nadu VAT Act; Rejects Revenue’s reliance on Division Bench dec...View More

Quashes demand against 'shortage' of goods & inputs absent evidence of non-receipt / non-use 

CESTAT sets aside excise duty demand towards shortage of finished goods viz. PP fabrics & inputs viz. HDPE / LDPE / LLDPE granules, thereby rejecting Revenue’s stand that MODVAT credit had b...View More

Fees from bidders for advertising permission covered by Municipal Corporation's Constitutional empowerment

CESTAT rules that Municipal Corporation is liable to service tax for providing own space viz. land/property for purpose of advertising through billboards & kiosks; States that said activity is cle...View More

Invokes "promissory estoppel" against curtailment of excise duty exemption under Industrial Policy 

HC quashes Notification Nos. 20/2008-CE and 38/2008-CE to the extent they sought to whittle down 100% excise duty exemption extended vide Notification No. 20/2007-CE to manufactures of P&P medicam...View More

No VAT & Electricity duty refund absent State Govts' consent to BIFR scheme 

Delhi HC upholds order of Appellate Authority for Industrial & Financial Reconstruction (AAIFR) under Sick Industrial Companies (Special Provisions) Act (SICA) which dismissed assessee’s cla...View More

Transportation arrangement, supervision & payment follow-ups ancillary to 'Commission Agency', not "C&F service" 

HC upholds CESTAT’s (majority) view that activity of supervision/arranging of transportation, commission on sale & follow-up of payment, not taxable as “Clearing & Forwarding Agent...View More

Allows MODVAT credit on inputs found defective / lost during manufacture of watches

HC upholds order of CESTAT allowing MODVAT credit under Rule 57A of Central Excise Rules, 1944 on inputs found defective, unfit for use on production floor in factory premises; Accepts assessee’...View More

Upholds input credit reversal against exempted clearances absent exclusion from Rule 6(6) mischief 

CESTAT upholds reversal of CENVAT credit against clearance of goods under exemption Notification No. 12/2012-CE, thereby rejecting assessee's plea that Rule 6 of CENVAT Credit Rules was inapplicable a...View More