International Tax Ruling


Allows refund; Mere 'asset capitalization' cannot prove 'unjust enrichment' in energy sector

CESTAT allows refund of service tax paid erroneously on construction of coal berth jetty to the extent same was rejected invoking unjust enrichment principle on account of capitalization; Rejects Comm...View More

Upholds confiscation for Notification violation, but redemption-fine subject to exercise of option 

CESTAT upholds confiscation and redemption fine for non-fulfilment of post importation conditions in respect of medical equipment imported under claim of exemption under Notification 64/88-Cus; Reject...View More

Allows CENVAT credit of tax paid on broadcasting fee reimbursed to advertising-agency

CESTAT allows CENVAT credit of service tax paid on invoices raised by broadcaster towards placing advertisement of assessee through advertising agency; Rejects Revenue’s stand that tax paid by a...View More

Quashes provisional assessment for part AY, Audit Report mandatory before final assessment

HC sets aside provisional assessment for part AY, directs Assessing Officer to wait till assessee files Audit Report as required u/s 63A of TNVAT Act within period prescribed under Rule 16(1) of TNVAT...View More

Allows CVD credit of imported equipment installed at subscriber's premises, by telecom-operator

CESTAT allows CENVAT credit of CVD paid on ‘fixed wireless phones’ imported and installed at the premises of subscribers by telecom service provider; Notes that Adjudicating Authority neit...View More

'Importer' not 'owner', liable to differential duty; Confiscation of untraceable goods unsustainable

CESTAT holds that differential customs duty u/s 28 of Customs Act in respect of imported MPEG cards can only be demanded from ‘importer’ who has filed the Bill of Entry (BoE), not from own...View More

Entry tax imposition on e-commerce post Constitutional amendment prima-facie beyond 'legislative competence' 

Allahabad HC grants interim relief to Flipkart Group Co., Section 4A inserted by way of amendment to Uttar Pradesh Tax on Entry of Goods into Local Areas Act, 2007 to levy entry tax on goods brought i...View More

Quashes reassessment, 'Change of opinion' for mobile/parts classification post Nokia judgment unsustainable

HC quashes reassessment proceedings u/s 31 of Bihar Value Added Tax Act (‘Act’), initiated consequent to SC judgment in Nokia India Pvt. Ltd., in matter of classification of mobile phone s...View More

Upholds 'cost plus' valuation for job-work between Group Cos.; Rejects 'notional value'

CESTAT upholds ‘raw material cost + job-work charges + profit’ valuation where Directors of Group entities are relatives; Rejects application of Rule 8 of Valuation Rules (115% of cost of ...View More

Differential duty demand unsustainable u/s 28 upon finalization of 'provisional assessment', Remands matter

CESTAT allows assessee’s appeal, holds that Section 28 of Customs Act cannot be invoked for demanding differential duty along with interest & penalty upon finalization of provisional assessm...View More