International Tax Ruling


Rules on 'reassessment limitation' under U.P. Trade Tax Act; Overrules HC interpretation 

SC overrules Allahabad HC and quashes initiation of reassessment proceedings u/s 21(2) of U.P. Trade Tax Act post expiry of 6 years from end of AY 1990-91; Rejects Revenue’s stand that amendment...View More

Facts & purpose guide product classification; 'Shrink Sleeves' not printing industry product 

SC dismisses Revenue appeal, ‘shrink sleeves’ manufactured from duty paid plastic film classifiable under CETH 39.20 dealing with “Plastics and articles thereof”; Rejects Reven...View More

Rejects 'promissory estoppel' contention; Denies area-based exemption absent unit inclusion in Notification 

HC denies benefit of area based exemption under Notification No. 50/2003-CE absent mention of khasra numbers of assessee’s unit therein (State of Uttarakhand); Rejects assessee’s attempt t...View More

Upholds CESTAT view; 'Sugar syrup' captive consumption for aerated water manufacture, non-dutiable 

SC upholds CESTAT decision quashing excise duty demand on ‘sugar syrup’ used captively as intermediate product in manufacture of aerated water; Revenue sought to impose duty on the ground ...View More

Grants credit of commission agent services for 'sales promotion'; Follows Birla Corp. 

CESTAT rules in assessee’s favour, CENVAT credit available on commission paid to agents for “sales promotion” under Business Auxiliary Service; Notes that assessee not only selling g...View More

Dismisses Revenue appeal; MRP valuation applicable to TVs, not accessories like 'woofers' 

SC dismisses Revenue appeal, TV ‘woofers’ not assessable to MRP valuation u/s 4A of Central Excise Act; Affirms CESTAT view that MRP based assessment is for TV sets and not for its accesso...View More

Dismisses Revenue appeal; Affirms lumpsum trademarks royalty exclusion from related party imports 

SC dismisses Revenue appeal, affirms Mumbai CESTAT view that lumpsum royalty paid for “trademark usage” and “technical know-how” to related foreign entities not liable to custo...View More

Affirms non-entitlement of telecom towers credit; No relook at Bharti Airtel 

HC affirms non-entitlement of CENVAT credit on mobile towers (in CKD & SKD form) and parts thereof, shelters / prefabricated buildings (‘goods’) used for providing telecommunication se...View More

Distributor commission under Co.'s 'multi-level marketing scheme' taxable as "Business Auxiliary Service" 

CESTAT dismisses assessees' appeal, commission received from binary network company under 'multilevel marketing scheme', taxable as 'Business Auxiliary Service' (BAS) u/s 65(19) of Finance Act, 1994; ...View More

Quashes CVD demand on Set-Top-Box imports absent subscriber 'sale'; MRP valuation inapplicable 

Set Top Boxes (STBs) entrusted to subscriber for viewing TV channels, not governed by Legal Metrology (Package Commodity) Rules (Rules) and hence not liable to countervailing duty (CVD) on import basi...View More