International Tax Ruling


Anodized utensils not simple 'aluminium products', taxable as 'non-stick cookware' at higher-rates

Bombay HC rules on classification of hard-anodized utensils, holds that ‘Anodized Concave Tawa’ and ‘Anodized Kadai’ sold as heat resistant cookware is classifiable as “n...View More

‘Freight charges’ integral to completion of sale transaction, taxable in dealer's 'turnover'

HC upholds inclusion of ‘freight charges’ in dealer’s taxable turnover where obligation to transport goods to purchaser is an essential element of ‘sale’ transaction; Not...View More

Sharing common storage facility does not constitute 'service', but 'joint-venture' between PSUs

SC overrules CESTAT, holds that sharing of expenses between PSUs of State of Gujarat towards incineration and maintenance of storage / handling tank installed for receiving Hydro Cynic Acid (‘HC...View More

Revenue appeal unmeritorious; Affirms non-taxability of excess baggage charges collected separately by Airliners

SC finds no merit in Revenue appeal, affirms CESTAT majority view that excess baggage charges collected by airliners are integral to main service of ‘transporting passengers by air’, not l...View More

Quashes 'illogical' re-export condition upon redemption of goods not conforming to BIS

CESTAT quashes confiscation order to the extent imported galvanized steel sheets which did not conform with Bureau of Indian Standards, were allowed to be redeemed on condition of re-export; Finds no ...View More

Reassessments basis Nokia judgment beyond jurisdiction; Essential character of retail packaging important

HC quashes reassessment proceedings instituted u/s 29 of UP VAT Act on the basis of ‘change of opinion’ consequent to SC judgment in Nokia India Pvt. Ltd.; Distinguishing said judgment whe...View More

Allows credit refund; Limitation computable from end of quarter in which FIRCs received

CESTAT allows CENVAT credit refund holding that relevant date for computation of 1-year limitation would be last date of quarter in which FIRCs are received; Rejects Revenue’s stand that in term...View More

Improper removal of gold from SEZ to DTA, outside Customs Officers' jurisdiction

CESTAT quashes confiscation & improper importation penalty proceedings u/s 111 and 112 of Customs Act respectively upon removal of gold jewellery from SEZ to DTA without following the procedure, a...View More

Applies 'offer acceptance' rules to uphold UP VAT on 'Dominos Pizza' trademark "deemed-sale"

Allahabad HC upholds jurisdiction of State Taxing Authorities to demand VAT from assessee towards royalty received from franchisee for right to use ‘Dominos Pizza’ trademark in India; Note...View More

Allows credit refund of tax on group insurance premium covering family members

CESTAT allows refund of accumulated CENVAT credit in respect of group insurance premium covering family members of employees, under Rule 5 of CENVAT Credit Rules; Notes that even if none of the depend...View More