International Tax Ruling


Taxing lottery promotion & marketing not unconstitutional; However, levy unenforceable absent computation mechanism 

HC upholds service tax on promotion, marketing, organising, selling of lottery or facilitation in organising lottery of any kind undertaken by a lottery distributor or selling agent, however, same can...View More

'Freight' non-taxable where goods cleared to own site adopting 'cost construction' valuation 

CESTAT holds that freight is not includible in assessable value where assessee clears pipes and fittings to own site for pipeline construction under composite contract and valuation is done in terms o...View More

Cannot deny credit without notice / order, but suo-moto restoration of reversed amount erroneous

Mere observations in assessment of returns without challenge to MODVAT credit entitlement, insufficient to debar assessee from availing credit, however, suo moto re-credit of reversed entry amounts to...View More

Manufacturer & distributor not "related" absent mutuality of interest; Distributor's higher-margin sale inconsequential

HC grants respite to manufacturer of sugar free B-complex syrup – “Betonin” thereby upholding manufacturer’s price list in lieu of distributor’s, who sold the product to ...View More

Allows exemption on 'Saffron' imported under transferred DFIA; Revenue's 'actual user' plea unsustainable 

CESTAT allows duty free import of Saffron as “Food Flavour” under transferred Duty Free Import Authorizations (DFIAs) for use in export goods viz. Biscuits; Rejects Revenue contention that...View More

'Audit-objection' constitutes "information" for re-assessment; But absent 'escaped turnover' satisfaction, order unsustainable

SC holds that ‘audit objection’ can be construed as ‘information’ within the meaning of Section 19 of Bihar Finance Act 1981 on which basis the Assessing Officer can reassess d...View More

Cannot equate 'Blood' as 'liquid'; Quashes Circular classifying 'Dialysis' equipment under Heading 8421

HC upholds Single Judge order which set aside CBEC Circular No. 19/2003 classifying “Disposable Sterilized Dialyzer” and “Microbarrier” for filtering ‘blood’, under...View More

Absent 'speaking order', re-assessment of BoE changing classification and enhancing value, unsustainable 

HC allows writ appeal, sets aside re-assessment undertaken by proper officer absent passing of speaking order within 15 days thereof in terms of Section 17(5) of Customs Act; Notes that assessee prese...View More

'Detention' not "seizure"; Show cause notice limitation period construable from 'seizure' date

HC holds that ‘detention’ of goods by Customs authorities does not amount to ‘seizure’ thereof and consequently, finds no fault in denial of unconditional release of goods wher...View More

LB to decide "tax" deductibility of 10% reversal from exempted goods 

Third Member refers matter to Larger Bench (LB) to decide whether 10% of price of exempted goods reversible in respect of common inputs in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004 (CCR) can ...View More