International Tax Ruling


'Newsprint' supplied to buyers registered as "newspapers" exempt; 'End use' irrelevant 

CESTAT upholds exemption in respect of paper manufactured by a 'mill producing newsprint' and sold to customers engaged in publication of monthly / fortnightly journals and educational textbooks; Reje...View More

LB abstains from determining correctness of judicial precedents; Invokes 'stare decisis' doctrine 

CESTAT Larger Bench explains the law relating to references to Larger Bench, rule of judicial discipline, precedents and doctrine of ‘stare decisis’, while delving upon whether decision in...View More

CENVATable CVD paid during import clearance not includible in final product cost

CESTAT holds that where manufacturer avails CENVAT credit of Countervailing Duty (CVD) paid during clearance of imported inputs, same cannot be included in assessable value of manufactured final produ...View More

Absent change in character / use, bullet proofing vehicles on job-work not "manufacture" 

CESTAT holds that bullet proofing of Mahindra & Mahindra vehicles on job-work basis does not amount to “manufacture” absent emergence of new product having new name, character and use;...View More

MRP valuation doesn't breach principle of charging duty on manufacturing costs & profits 

HC dismisses challenge to Section 4A of Central Excise Act insofar as duty was required to be paid on PP Medicaments on the basis of MRP as reduced by abatement of 35%; Rejects assessee’s conten...View More

Input credit disallowance to bona-fide purchaser for seller's tax deposit default, unconstitutional 

Delhi HC holds Section 9(2)(g) of Delhi Value Added Tax, 2004 (“DVAT Act‟) to the extent it disallows Input Tax Credit (ITC) to purchaser due to default of selling dealer in depositing tax, as...View More

Condemns Revenue's rejection of some revised returns while passing re-assessment order, remands matter

HC sets aside re-assessment order passed by Assessing Authority (AA) accepting some monthly revised returns while rejecting some on ground of non-mention of additional tax liability and proof of payme...View More

Writ Court cannot review order passed in revision; Matter appealable to SC

HC refuses to exercise extraordinary writ jurisdiction under Article 226 of Constitution against its revision order passed u/s 11 of U.P. Sales Tax Act, 1948; Notes assessee’s grievance that dem...View More

Burnt coal residue from paper manufacture taxable as "Coal", not "residuary" article 

Burnt coal residue from paper manufacturing process classifiable as “coal including coke in all its form….”, taxable at 4% under U.P. VAT Act as it retains its combustible propertie...View More

Branch not distinct from HO, purchases for transfer outside State not taxable

HC overrules Tribunal, holds that purchase of goods viz. mentha oil by a branch and dispatch outside State to Head Office not taxable as ‘sale within State’; Rejects Revenue contention tha...View More