International Tax Ruling


Allows writ; Quashes orders rejecting CVD refunds for Officer's 'non-application of mind' 

HC sets aside orders of Dy. Commissioner rejecting claims for refund of excess countervailing duty paid during imports, u/s 27 of Customs Act; Claims were rejected with a finding that “refund of...View More

Processing steel scraps of various grades / composition into ‘blended scrap’ constitutes “manufacture”

AAR holds that processing of steel scrap of different and variable composition into ‘blended steel scrap’, would amount to “manufacture” u/s 2(f) of Central Excise Act; Observe...View More

 Activity of crushing coal before supply not 'manufacture' absent new product therefrom

AAR holds that process of crushing coal before supplying to customers does not amount to ‘manufacture’ u/s 2(f) of Central Excise Act; Observes that even after crushing the imported coal o...View More

Anti-dumping duty on imports includible in finished goods’ sale price upon SEZ-DTA clearance 

Madras HC holds that Anti-Dumping Duty (ADD) leviable on components imported by SEZ unit (assessee) from China would form part of ‘sale price’ of goods manufactured and sold to DTA purchas...View More

Disallows Terminal Excise Duty refund on intermediate goods; DTA - EOU supplies exempt ab-initio 

Bombay HC upholds rejection of Terminal Excise Duty (TED) refund claims filed by EOU-assessee against supplies of intermediate goods from sister DTA unit; Notes that Paras 6.2(b) and 6.11(c)(ii) of FT...View More

Loading business software onto imported cashless currency transmitting device doesn't constitute 'manufacture'

AAR holds that activity of loading business software onto imported hardware / device called ‘Nucleus Device’ which will serve as a cashless currency transmitting apparatus, does not consti...View More

Allows accumulated credit refund on factory closure; Reject Revenue's reliance on LB-ruling

CESTAT allows refund of accumulated CENVAT Credit under Rule 5 of CENVAT Credit Rules upon closure of factory; Notes that assessee, manufacturer of colour films & paper, had closed down factory ow...View More

Disallows dual benefit of rebate and drawback on export; Distinguishes 'Spentex' ruling

HC disallows rebate of excise duty paid on exported goods under Rule 18 of Central Excise Rules since assessee had availed duty drawback thereon in terms of Customs, Central Excise Duties and Service ...View More

Appellate fora’s reconsideration of ‘clandestine removal’ absent Revenue challenge to adjudication, unsustainable 

HC rules partially in favour of assessee, sets aside directions / observations of Commissioner (Appeals) and CESTAT inasmuch as they adjudicated upon the aspect of clandestine removal of goods, despit...View More

Monsanto's seed technology transfer liable to VAT, but Subway franchises mere 'service' 

Bombay HC dismisses writ petition filed by Mahyco Monsanto Biotech (India) Pvt. Ltd. (Monsanto) challenging levy of Maharashtra VAT on supply of hybrid cotton seed impregnated with proprietary protect...View More