International Tax Ruling


Adopts foreign manufacturer's 'listing' instead of agent's 'special price', for exhibition import

CESTAT dismisses assessee’s appeal, upholds determination of assessable value of goods i.e. camera for display at exhibition in India, basis manufacturer's price list and not agent's price, unde...View More

Upholds capital goods debonding at FTP depreciation rates upon EOU to EPCG conversion 

CESTAT upholds grant of refund of excess duty paid at the time of debonding of capital goods pursuant to conversion from EOU to EPCG scheme, applying depreciation rates prescribed by FTP; Rejects Reve...View More

Allows writs; Bank accounts attachment during appeal & stay application pendency unwarranted 

HC quashes attaching of Bank Accounts belonging to assessee despite pendency of appeals and stay applications against re-assessment orders before First Appellate Authority; Though Revenue authorities ...View More

Dealer's pre-delivery inspection & after-sale service expenses / charges outside 'transaction value' purview 

SC rules in favour of assessee, ‘pre-delivery inspection’ (PDI) and ‘after-sale service’ (ASS) charges not includible in assessable value of two-wheelers cleared to dealers, u/...View More

Cargo auction proceeds adjustment towards storage & warehousing, not 'consideration for service' 

Adjustment of sale proceeds arising from auction of abandoned imported goods cannot be considered as receipt of service charges towards ‘storage & warehousing services’ by Container Fr...View More

No embargo of prior registration to claim unutilised credit refund on export

Refund of unutilized input service credit under Rule 5 of CENVAT Credit Rules cannot be denied for non-registration prior to export of output services; No stipulation / embargo created in said Rule to...View More

Tower space leasing not 'BAS' pre-2007; But no respite on dark-fibre lease 

Leasing of space on microwave towers for installation of equipment by cellular operators not taxable as ‘business auxiliary service’ (BAS) prior to June 1, 2007; Perusing Sec 65(19) of Fin...View More

Disposal of repossessed hypothecated cars within Bank's 'business' activity, taxable as 'sale' 

Disposal of hypothecated cars repossessed from defaulting borrowers by a Bank constitutes ‘sale’ under Delhi Sales Tax Act; ‘Dealer’ u/s 2(e) inter alia includes “an auct...View More

Concurs with CESTAT majority; Cold-rolling of hot-rolled stainless steel patta constitutes 'manufacture' 

SC rules against assessee, process of cold-rolling of hot-rolled stainless steel patta / pattis on job-work basis constitutes ‘manufacture’ u/s 2(f) of Central Excise Act; Upholds CESTAT 2...View More

No free shipping-bill conversion into drawback absent "reasons beyond control"; But Circular applicable 

SC disallows conversion of free shipping bills to drawback shipping bills under Rule 12(1)(a) of Customs, Central Excise Duties and Service Tax Drawback Rules 1995; A bare reading of said Rule demonst...View More