International Tax Ruling


Exempts Maize, usage as 'waste' irrelevant; Writ maintainable, assessment a jurisdictional error 

HC allows assessee’s writ appeal, grants exemption on ‘Maize’ under Entry No.19 of Part-B of IV Schedule to Tamil Nadu VAT Act; Rejecting Revenue's proposal to disallow exemption on ...View More

Affirms ex-factory price; Refuses to include post-clearance escalation amount in 'transaction value' 

SC rules in assessee’s favour, additional consideration received on account of price escalation subsequent to clearance of goods, not includible in ‘transaction value’ of non-woven c...View More

'Free supplies' not includible in price of product governed by MRP valuation 

SC affirms CESTAT order, MRP affixed on combination pack of face wash & shampoo, to be sole consideration for arriving at transaction value for excise duty payment; Rejects Revenue’s stand t...View More

Rules against assessee; 'Ready-Mix-Concrete' distinct from 'Concrete-Mix', not exempt from duty 

SC rules in favour of Revenue, interprets Notification No. 4/1997-CE and denies exemption on ‘Ready Mix Concrete’ (RCM) holding that same distinct from ‘Concrete Mix’ (CM); Rej...View More

Grants GTA service credit; "Place of removal" entails place where 'sale' occurs

CESTAT grants CENVAT credit of GTA service used for transportation of intermediate goods to job-worker as well as company’s other unit; Rejects Revenue’s stand that since goods were cleare...View More

Grants unutilised CENVAT credit refund on closure of business; Follows HC ruling 

CESTAT grants refund of unutilized CENVAT credit on closure of business due to commercial non-viability; Rejects Revenue’s stand that CENVAT credit lying in books would lapse on closure of busin...View More

'Sole-distributorship' not determinative of 'control', Transaction value not rejectable absent cogent reasons 

SC upholds CESTAT order, mere 'sole distributorship' not conclusive consideration for transaction value rejection between assessee (importer) and foreign party; One must demonstrate that arrangement b...View More

Allows input credit of purchased DEPB Scrips; Draws analogy with CENVAT scheme 

HC overrules Tribunal, allows input credit utilisation of VAT paid on purchase of Duty Entitlement Passbook (DEPB) Scrips towards discharge of output tax on sale of imported goods; Rejects Revenue&rsq...View More

Dismisses appeal on settled classification; Revenue's mindless exercise an 'abuse of law'

SC dismisses Revenue appeal, condemns Revenue's approach in preferring appeal in matter of classification of ready mix concrete, when matter already settled by Apex Court; States that issue has been d...View More

Milk shake / soft serve mix classifiable as "dairy produce", not "food preparation" 

SC dismisses Revenue appeal, ‘milk shake mix’ and ‘soft serve mix’ meant for institutional sales, classifiable as “dairy produce” under Chapter sub-heading 0404.90;...View More