International Tax Ruling


Raw silk import exempt upon EO fulfilment in 'value', not 'quantity' terms

HC allows writ, Notification No. 117/88-Cus exempting goods imported for manufacture of resultant products envisages fulfilment of export obligation (EO) only in terms of value, there is no obligation...View More

Quashes Circulars denying cash refund of 4% SAD paid through DEPB scrips

HC quashes CBEC Circular Nos. 6/2008-Cus, 10/2012-Cus & 18/2013-Cus inasmuch as they deny importers and exporters refund of 4% Additional Customs Duty (SAD) paid by using DEPB scrips under Notific...View More

Admits Flipkart's writ; Issues notice against ex-parte assessment & bank accounts attachment

HC admits Flipkart’s writ petition, stays attachment & recovery of VAT demand from already attached bank accounts; Issues notice and directs Revenue to respond as to how and in what manner a...View More

Allows refund despite subsequent incorporation of output service in registration, mPortal relied 

CESTAT rules in assessee's favor, allows refund of accumulated CENVAT Credit for period pre-incorporation of output export service i.e. 'business auxiliary service' and 'business support service', in ...View More

Form-C non-issuance for purchases non-disclosure in returns unjustified, when transaction genuineness undisputed

HC rules in assessee's favour, Revenue not justified in declining Form-C issuance for non-inclusion of interstate purchases in revised returns, when assessee offered a valid explanation for such omiss...View More

Export Rules intended to make 'service exports' internationally competitive; Refund available pre-April 2005

CESTAT allows assessee’s appeal, Rule 5 of Export of Service Rules applicable to exports made prior to April 19, 2005, same talks about granting rebate of service tax paid and does not provide t...View More

Merchant Banking, M&A, Advisory & Software Development not "Management Consultancy Services" pre-2001

CESTAT grants respite to DSP Merrill Lynch Ltd (assessee), merchant banking, M&A, software development, advisory & retainer-ship services not taxable as “Management Consultancy Services&...View More

CHA license revocation unsustainable absent reasons disagreeing with favourable inquiry report

HC sets aside Commissioner's order revoking CHA license in terms of Customs Brokers Licensing Regulations, 2013 (CBLR), absent communication of reasons for disagreement with inquiry report in favour o...View More

LB rules 2:1 in assesses's favour; Simultaneous penalties on partners & firm unsustainable 

HC Larger Bench rules 2:1 in favor of assessee, simultaneous penalties not imposable on firm as well as partner w.r.t. acts and omissions contemplated u/s 112(a) of Customs Act, matter was referred in...View More

No writ against taxing of export proceeds, when efficacious appeal remedy available 

HC upholds dismissal of writ petitions by Single Judge against reverse charge service tax demand on receipt of export proceeds from foreign buyers, on ground of alternate appeal remedy under Finance A...View More