International Tax Ruling


Directs issuance of 'Form F' bifurcating stock transfer details, following formation of Telangana

HC allows writ petition, directs Delhi VAT authorities to issue F Forms giving bifurcated details in respect of stock transfers after expiry of prescribed period u/s 28 of Delhi VAT Act, following rec...View More

Grants interest on delayed refund; Deposit partakes nature of 'duty' upon adjudication 

HC grants interest on delayed refund of differential duty deposited during DRI investigation of imported consignments, u/s 27A of Customs Act; Observes that the deposit partook the nature of ‘du...View More

Refund of protested tax cannot be rejected absent proceedings confirming taxability u/s 73 

CESTAT sets aside rejection of refund claim of service tax paid under protest, absent issuance of notice u/s 73 of Finance Act and ensuing process for confirmation of taxability of activities undertak...View More

No infirmity in Entry Tax - VAT set off absent 'sale' in local area

HC upholds constitutional validity of second proviso to Section 3(2) of Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act 1993 (Entry Tax Act) which grants set-off ...View More

Confirms retired VAT officer appointment as Member of Tribunal, absent pecuniary interest 

Patna HC confirms validity of appointment of retired Commercial Taxes Department official as Member (Accounts) of Tribunal u/s 9(3) of Bihar VAT Act 2005 (Vat Act); Rejecting the argument of Commercia...View More

Grants CENVAT credit refund on service exports from unregistered premises absent statutory bar

HC allows refund of unutilized CENVAT credit in respect of services exported from unregistered premises; Rejects Revenue’s reliance on Notification No. 5/2006-CE (NT), Rule 5 of CENVAT Credit Ru...View More

Food supplied by restaurant to workers at subsidized rates constitutes 'sale', not 'service' 

HC holds that food supplied by restaurant to employees at subsidized rate, would not qualify as ‘service’; Notes that to come within the purview of definition of ‘service’, cer...View More

Failure to furnish Drug Price Control Order list not 'suppression'; Abatement constitutional imperative 

Third Member concurs with Member (Judicial), holds that extended period is not invokable for failure to submit documents establishing ‘medicines’ were covered under Drug Price Control Orde...View More

Technical know-how royalty taxable on inter-unit transfer, albeit linked to sale price 

Royalty towards technical know-how includible in assessable value of goods transferred from one unit to another in terms of CAS-1 and CAS-4, despite payment thereof at the time of sale; Rejecting asse...View More

CFS a 'custodian' of goods in possession, liable for clandestine substitution during transport 

HC upholds penalty u/s 114 of Customs Act on Container Freight Station (CFS / assessee) for clandestine substitution of goods at the time of transportation to the port of export; Rejects assessee&rsqu...View More