International Tax Ruling


Dismisses PIL seeking GST postponement, decision to implement Act have sanction of law

Bombay HC dismissed PIL seeking deferment of GST implementation, holding that, levy and collection of taxes on goods and services has sanction of law in terms of Article 265 of Constitution of India; ...View More

'Security' encashed enforcing bank guarantee not 'duty', limitation period inapplicable to 'restitution' thereof 

HC holds time limit prescribed u/s 27 of Customs Act, 1962 inapplicable to refund of amount realised by Revenue upon enforcement of Bank Guarantee (BG), relies upon SC ratio in Oswal Agro Mills Ltd.; ...View More

Tax paid before 'reverse charge' introduction erroneous, but refund hit by limitation

HC upholds CESTAT order denying refund of service tax inadvertently paid on reverse charge basis prior to introduction of Section 66A in Finance Act, being beyond limitation period prescribed u/s 11B ...View More

Shifting includes 'relocation', allows Rule 10 'credit transfer' on moving factory to another site

HC dismisses Revenue's appeal, transfer of un-utilised CENVAT credit under Rule 10 of CENVAT Credit Rules, 2004 (CCR) available where assessee shifts his factory from one site to another; Rejecting Re...View More

Repacking & labelling purchased automobile parts before export, constitutes "manufacture"; Allows input credit

CESTAT holds that unpacking of automobile parts procured from vendors, applying anti-rust treatment, grouping, repacking and labelling them in carton box / wooden box / metal pallet before exporting t...View More

Dismisses Revenue SLP; Affirms penalty waiver absent 'willful intent' to evade duty 

SC dismisses Revenue SLP against Madras HC order which had set aside penalty u/s 11AC of Central Excise Act for lack of willful intent to evade duty where assessee reversed CENVAT credit erroneously a...View More

Upholds CST reimbursement on inter-state EOU purchases; DGFT cannot alter FTP framework 

HC dismisses Revenue’s writ appeals, affirms reimbursement of CST to EOU-assessee in respect of purchases made from other EOU in terms of Para 6 of FTP 2009-14; Upholds order of Single Judge Ben...View More

Chit fund business neither 'cash' nor 'fund' management, outside scope of Sec. 65(12)

SC rules that chit fund business does not amount to ‘cash management’ so as to render same taxable u/s 65(12) of Finance Act i.e. “banking and other financial services” during ...View More

Notification stipulating concessional duty for 'taxis' a complete code; Section 11B refund limitation inapplicable 

HC ​rejects CESTAT findings, ​holds that ​Notification No. 3/2001-CE issued u/s 5A of Central Excise Act prescribing concessional rate of duty on cars registered as 'taxis' is a special provisio...View More

Post-sale discount disallowance absent accounts verification, unsustainable; Single re-assessment order for FY tenable 

Karnataka Tribunal rejects disallowance of post-sale discount offered through issuance of credit notes in terms of Rule 3(2)(c) of Karnataka VAT Rules, 2005 (Rules), holds that sale / purchase price h...View More