International Tax Ruling


Affirms CEGAT view; Revokes extended limitation as duty-free clearance disclosed in CT-3 Certificate 

SC finds no merit in Revenue appeal, upholds CEGAT’s view that extended period of limitation u/s 11A of Central Excise Act not invokable for recovering excise duty demand on clearance of manufac...View More

Interprets Delhi Sales Tax law; SAD exemption unavailable on imported "tax-free" goods

SC denies special additional duty (SAD) exemption under Notification No. 34/98-Cus. on import of pig hair bristles, since no sales tax chargeable on local sale of imported goods; Said Notification spe...View More

Promoting Brand "India" pivotal to claim SFIS benefit; Lifts corporate veil 

Bombay HC disagrees with Delhi HC Single Judge view, upholds order passed by Govt of India that assessee promoting foreign brand viz. “Thyssenkrupp” and hence not entitled to duty credit s...View More

Grants respite to 'cooler' manufacturer on limitation, albeit acceding to case merits 

SC grants relief to assessee, revokes extended period of limitation under proviso to Sec. 11A of Central Excise Act for recovering excise duty on parts of ‘walk-in coolers’ manufactured du...View More

Grants relief to Infosys; Though customized software a 'good', implementation merely 'service' 

Karnataka HC rules on taxability of ‘software implementation’ by assessee for a bank, holds such activity a “mere service” through skill and human effort, and there is no right...View More

Bank's 'hypothecated goods sale' VATable; Statutory vs Contractual right of sale distinction rejected

HC upholds Tribunal order, auction sale of repossessed hypothecated vehicles by bank taxable under Tamil Nadu VAT Act; Rejects assessee’s contention that such sale is only in capacity of being a...View More

Allows writ; CESTAT's refusal to refer question to LB vis-a-vis connected appeals, unjustified

HC allows writ petition against Mumbai CESTAT that decided issue finally against assessee, albeit referring similar question to Larger Bench in case of connected appeals; CESTAT had denied excise duty...View More

Quashes re-assessment proceedings absent "reason to believe" that turnover escaped assessement 

HC quashes re-assessment proceedings initiated u/s 21 of U.P. Trade Tax Act, absent any material / reason to believe on part of Assessing Officer (AO) that some turnover escaped assessment; Observes, ...View More

Sale to buyer's branch 'in course of export' by HO; CST exemption available 

HC rules in favour of assessee, supply / sale of goods to purchaser’s branch office in Chennai towards export by HO in Bombay, entitled to tax exemption u/s 5(3) of Central Sales Tax Act; Reject...View More

Affirms CESTAT order; Wall construction along river bed outside 'Site formation' purview 

SC upholds CESTAT findings, though diaphragm wall construction along Sabarmati river bed under agreement with River Development Corporation classifiable as 'Site Formation and Clearance, Excavation an...View More