International Tax Ruling


No CENVAT Credit on capital goods when final product exempt during receipt 

CESTAT denies CENVAT Credit on capital goods received in FY when final product (asbestos cement sheet) was chargeable to Nil rate of excise duty; Notes that assessee claimed credit i.r.o. capital good...View More

Upholds VAT on 'pan masala containing tobacco'; Constitutional 'revenue distribution' scheme, irrelevant 

Bombay HC denies VAT exemption on sale of ‘pan masala containing tobacco’ under Schedule Entry A-45 of Maharashtra VAT Act, despite discharge of additional duties of excise (‘ADE&rsq...View More

Denies exemption on branded cement sale, constituting 'first sale' under Kerala law

SC denies VAT exemption to ACC Limited on sale of cement under the brand name “ACC”, upon purchase from manufacturer, viz. Cochin Cement Ltd.; Holds that sale at the hands of brand name ho...View More

Condones appeal delay accepting 'company's financial inability to pre-deposit' as sufficient cause

HC allows appeal, directs CESTAT to restore assessee’s appeal after condoning delay of 117 days caused due to financial constraints of company to deposit 10% pre-deposit; Observes, it is well se...View More

Denies sales-tax exemption on blending / packing of 'tea' under State Incentive Scheme

SC dismisses assessee’s appeal, denies sales tax exemption in respect of blending and packing of tea undertaken by assessee since ‘tea’ did not constitute “raw material” ...View More

Operation of power plant not taxable as 'management, maintenance or repair service’

CESTAT allows assessee’s appeal, holds that consideration received towards operation of power plant will not be taxable as ‘management, maintenance and repair service’; Notes that as...View More

Supporting-manufacturer availing CENVAT credit cannot bar merchant-exporter from CVD exemption under DFIA

HC quashes DGFT orders revoking endorsement of transferability and exemption from additional customs duty (CVD) on post export Duty Free Import Authorizations (DFIAs) issued to merchant-exporter (asse...View More

Refuses to entertain appeal relating to duty payable upon exemption Notification contravention

Madras HC refuses to entertain appeal relating to rate of duty payable by assessee upon non-fulfilment of exemption Notification conditions, states it has no jurisdiction u/s 35G of Central Excise Act...View More

Confirms levy of SAD despite goods being chargeable to additional excise duty

HC upholds the order of Settlement Commissioner, confirms levy of SAD u/s 3(5) of Customs Tariff Act despite goods being chargeable to Additional Duty of Excise (ADE) u/s 3(1) of Additional Duties of ...View More

Grants partial relief to Bank, deleting 200% penalty on repossessed cars sale

HC deletes 200% penalty imposed on HDFC Bank towards sale of repossessed cars owned by it; Opines that such penalty is facially disproportionate considering the issue was debatable and was only answer...View More