International Tax Ruling


Upholds, confiscation for incorrect RSP declaration in BoE, MRP assessment pre-March 2008 

CESTAT allows Revenue appeal, upholds confiscation of goods u/s 111(d) of Customs Act and countervailing duty (CVD) liability basis actual maximum retail price (MRP) u/s 4A of Central Excise Act, on a...View More

Grants refund for 'permanent work cessation' though factory reopened within week of closure 

CESTAT grants refund of excise duty paid in relation to gutkha / pan masala manufacture, upon 6 days of closure of factory, under Rule 16 of Pan Masala (Packing Machine Capacity Determination & Co...View More

Quashes challenge to amendments bringing importer vis-a-vis domestic manufacturer parity for exemption 

Madras HC quashes assessees’ challenge to Notification Nos. 34/2015-CE & 37/2015-CE amending Notification No. 30/2004-CE, thereby confirming non-entitlement of importers to additional custom...View More

Grants concessional rate on supplies to Lakshadweep Administration; Shipping documents production impossible

HC grants concessional rate of tax on supply of articles to Lakshadweep Administration as envisaged by 1st proviso to Sec 6(1) of Kerala VAT Act; Quashes assessment orders denying such concession for ...View More

Lumpsum turnkey project for Plant set-up consitutes "works contract", not taxable pre-2007 

CESTAT allows assessees’ appeals, lumpsum turnkey contract for setting up of Nitric Acid Plant constitutes a “works contract”, not taxable prior to June 2007; Rejects Revenue’s...View More

Service export complete on foreign exchange receipt; Rule 5 refund not time barred 

CESTAT confirms refund of unutilised CENVAT credit under Rule 5 of CENVAT Credit Rules on export of services; Rejects Revenue’s stand that since claim filed beyond 1 year from date of export as ...View More

Buyer's promotion / advertising expenditure constitutes 'additional consideration'; Follows Indorama Synthetics ruling 

CESTAT allows Revenue appeal, expenditure incurred for advertising and promoting assessee’s product by Coca Cola India Ltd (buyer), includible in assessable value as ‘additional considerat...View More

Fair hearing a guaranteed right; Revenue cannot refuse documents outside show cause notice 

HC partially allows assessee’s writ petition, Revenue cannot refuse to furnish documents not listed as “relied upon documents” in show cause notice; Rejecting Revenue’s objecti...View More

Dismisses Revenue appeal; Affirms simultaneous SSI exemption & MODVAT benefit to manufacturer-assessee 

SC dismisses Revenue appeals, affirms simultaneous entitlement of SSI exemption in respect of goods manufactured on own account, alongwith MODVAT / CENVAT credit in relation to branded goods manufactu...View More

Resort to Sec. 11A not mandatory for recovering refund once sanction held unsustainable

HC rules in favour of Revenue, resort to Sec 11A of Central Excise Act not mandatory for recovering refund granted pursuant to adjudication order passed u/s 11B, when adjudication order subsequently d...View More