International Tax Ruling


Upholds deduction towards sales to registered dealer, when ST-1 form's genuineness undisputed 

HC allows assessee’s appeal, allows deduction towards sales made against ST-1 Forms to registered dealer from taxable turnover (TT) when genuineness of form and fact that, purchasing dealer regi...View More

Allows writ; Sec 11B limitation inapplicable where tax paid by 'mistake of fact' 

HC allows writ petition, grants refund of service tax erroneously paid on payments received from foreign bank towards services rendered; Rejects Revenue’s reliance on Mafatlal Industries Ltd rul...View More

Trademark registration of restaurant entails 'branded' food sale, VATable at 14.5% 

Madras HC dismisses restaurateur’s writ petition, upholds levy of VAT at 14.5% on sale turnover of ‘branded’ food u/s 2(9) r/w Sec 2(33)(vi) & 7(1)(a) of Tamil Nadu VAT Act; Reje...View More

Allows refund of service tax mistakenly paid on GTA service by 'sole proprietorship' 

CESTAT dismisses Revenue appeal, allows refund of service tax paid under mistake of law by assessee, a sole proprietorship firm, on 'Goods Transport Agency' (GTA) service; Accepts assessee's contentio...View More

1 year refund limitation for SEZs determinable from actual 'tax payment', not 'advances' 

One year limitation for filing refund claim under Notification No. 40/2012-ST by SEZ Co-developer to be reckoned from 'service tax' payment date, not from date of 'advance payment' to service provider...View More

Invokes extraordinary jurisdiction to grant concession; Diesel integral to 'notified goods' manufacture 

HC allows writ petitions, grants concessional tax benefit on ‘diesel oil’ used in generator sets in factories to run plant & machinery, u/s 4-B(2) of U.P. Trade Tax Act; Rejects Revenu...View More

Revenue cannot withhold tax refund; Assessee entitled despite goods transfer to merchant-exporter

SC allows service tax refund to assessee, where title to goods transferred to merchant-exporter (ME) who ultimately effected export and received payment from purchaser; Earlier, Bombay HC while findin...View More

Cannot restrict credit refund to extent of ST-3 Return amount for quarter

Input services credit refundable under Rule 5 of CENVAT Credit Rules r/w Notification No. 5/2006-CE (NT) to the extent of accumulated credit lying at end of the period for which refund relates; Noting...View More

Interprets Mafatlal Industries ratio; 'Unjust enrichment' inapplicable to refund order passed pre-1991 

SC dismisses Revenue appeal, upholds HC findings that ‘unjust enrichment’ doctrine inapplicable to refund order passed under un-amended Section 11B of Central Excise Act (Act) pre-1991, st...View More

Collection of EXIM documentation charges for Principal not taxable as 'BAS' pre-June 2005 

CESTAT allows assessee’s appeal, documentation charges relating to Bill of Lading (B/L) re-issue and surrender, administration charges collected directly from customers not taxable as 'Business ...View More