International Tax Ruling


EOU's liability under exemption Notification determinable basis 'captive consumption' valuation, not 'export price' 

SC dismisses Revenue appeal, upholds CESTAT decision that excise duty for purpose of application of exemption Notification Nos. 8/97-CE & 23/2003-CE should be arrived at in accordance with Rule 8 ...View More

Reiterates Sec 11B limitation application for unutilised credit refund; Inter-EOU supplies eligible thereof 

CESTAT partially rules in favour of Revenue, 1 year limitation period prescribed u/s 11B of Central Excise Act applicable to unutilized CENVAT credit refund claims under Rule 5 of CENVAT Credit Rules;...View More

Vehicles under contract carriage not "tourist vehicles", non-taxable as 'tour operator service' 

CESTAT rules in favour of assessees, activity of providing vehicles on hire / contractual basis of specific capacity with particular schedule not taxable as "Tour Operator" service u/s 65(115) of Fina...View More

Allows Target Plus Scheme credit; Goods sent for job-work constitutes 'own use' 

CESTAT allows assessee's appeal, cannot deny duty free imports benefit under Target Plus Scheme where goods (viz. plastic granules) sent to job-worker under provisions of Notification No. 214/86-CE fo...View More

No refund of protested duty paid utilising MODVAT; However, claim not time-barred 

HC rules partially in favour of Revenue, excise duty paid under protest through MODVAT Credit Account (RG 23A Part II) not refundable subsequent to HC judgment ruling non-excisability of final product...View More

2% embargo on DTA scrap sale vis-a-vis 50% permissible FTP limit, unsustainable 

HC quashes Board of Approval (BOA) decision to restrict sale of marble scraps / rejects / waste / remnants by EOU in domestic market to 2% of inputs, vis-à-vis initial permission of 8.92% of in...View More

Upholds related-party import price; Contemporaneous value adoption impermissible absent Valuation Rules adherence 

CESTAT dismisses Revenue appeal, adoption of contemporaneous import value as basis for valuation of goods imported from related party impermissible absent failure to legally determine value by sequent...View More

Roaming services to foreign telecom operators for international inbound customers, constitute 'exports' 

CESTAT allows assessee’s appeal, services to foreign telecom operators (FTO) in relation to international inbound roamers (IIR) constitute ‘export’, entitled to rebate under Rule 5 o...View More

Appy Fizz, an 'aerated soft drink', not 'fruit juice', applies common parlance test 

HC dismisses assessee’s Revision Petition, upholds Tribunal's findings that, Appy Fizzy is an 'aerated branded soft drink' u/s 6(1) of Kerala VAT Act (KVAT Act), assessable to tax @ 20%; Rejects...View More

'Ice cream' not classifiable as “Sweet and Sweetmeats", denies tax concession benefit 

HC answers reference in Revenue's favour, 'Ice Cream' not covered by term "Sweet and Sweetmeats", appearing under Schedule Entry C-II-35(1) appended to Bombay Sales Tax Act, 1959, denies concessional ...View More