International Tax Ruling


Rejects DRI suggestion from unrelated investigation for value enhancement of second-hand photocopiers

CESTAT sets aside enhancement of value of second-hand photocopiers based on price suggested by DRI relating to different investigation; Observes that every second-hand machine varies from another depe...View More

Shows leniency towards no registration & returns; Reduces Sec. 78 penalty to 25%

HC shows leniency to assessee, reduces penalty levied u/s 78 of Finance Act to 25% of entire tax due on deposit of balance amount within 30 days, where assessee failed to obtain registration or file S...View More

Quashes assessments denying second-sale exemption absent independent application of mind by AO

HC sets aside assessment orders denying second sale exemption under TNGST Act, states that said orders were arbitrary exercise of power and clear abdication of duties cast upon Assessing Officer with ...View More

Quashes 'additional tax' demand where sale turnover not taxable under principal Act

Madras HC quashes demand of ‘additional tax’ under Tamil Nadu Additional Sales Tax Act absent taxability of gross sale turnover under Tamil Nadu General Sales Tax Act in hands of dealer; D...View More

Imposes costs, DRI / Customs to pay 'detention charges' to Shipping-line for illegal action

HC allows assessee-importer’s writ petition against illegal detention of goods by Customs & DRI, directs authorities to pay accumulated detention charges, that were more than value of goods ...View More

'Intel / Microsoft' logos display in product advertisements not 'promoting' client, non-taxable as BAS

Third Member concurs with Member (Judicial), holds that activity of displaying 'Intel’ & 'Microsoft’ logos in product advertisement footnotes is not taxable as ‘Business Auxiliar...View More

Equipment renting constitutes 'deemed sale', not “tangible goods supply for use service"

CESTAT holds that activity of renting of earthmoving equipment involves ‘transfer of right to use’ and hence, taxable as “deemed sale” under MVAT Act r/w Article 366(29A) of Co...View More

Interest on wrongly 'availed' CENVAT credit recoverable under Rule 14; Applies Ind-Swift ratio

CESTAT upholds interest liability on wrong availment of CENVAT credit, under Rule 14 of CENVAT Credit Rules r/w Sections 11A & 11AB of Central Excise Act; Refuses to accept assessee’s conten...View More

Absent evidence of end-use, Boric Acid not classifiable as "insecticide" requiring registration

CESTAT rules in favour of assessee, holds that imported ‘boric acid’ shall be classified as “boric acid” under Chapter 28 of Customs Tariff Act, instead of “insecticide&r...View More

Credit irreversible where inputs booked as 'scrap of lesser value', not 'written-off'

CESTAT holds that CENVAT credit is not reversible under Rule 3(5B) of CENVAT Credit Rules (CCR) in respect of inputs shown as scrap of lesser value, but not cleared from factory; Rejects Revenue conte...View More