International Tax Ruling


Pending judicial / criminal proceeding in different jurisdiction disqualifies CHA for license renewal 

HC allows Revenue appeal, non-declaration of pending judicial / quasi-judicial proceedings in different jurisdiction in Customs House Agent (CHA) License renewal application form a clear 'violation' o...View More

Denies input credit; Cutting, slitting of self-adhesive film / paper, not 'manufacture' 

Cutting / slitting of self-adhesive film / paper imported in jumbo rolls not 'manufacture', CENVAT credit ineligible on inputs / capital goods used in relation thereto; Relies on SC decision in S.R. T...View More

"Input service" amendment immaterial ; Credit available on outward transportation upto buyer's premises 

HC allows input service credit on outward transportation of cement till buyer’s door step, post April 2008 i.e. post amendment to ‘input service’ definition substituting “clear...View More

SSI exemption available to 'manufacturer' , not 'unit' ; Eligibility determinable basis 'aggregate value' 

HC rejects CESTAT order, a 'manufacturer' cannot avail Small Scale Industry (SSI) exemption benefit under Notification No. 1/93-CE w.r.t. one unit, while opting for full duty rate in a financial year ...View More

Affirms 'wholesale price' valuation; Uniform price for different speaker models constitutes 'undervaluation'

SC dismisses assessee’s appeal, upholds rejection of declared invoice price of imported speakers by CESTAT, in terms of Rule 10A of Customs Valuation Rules; CESTAT rejected 'invoice price' ...View More

'Kitchen boy' neither intended person nor authorised agent; Adjudication order service invalid 

SC quashes Uttarakhand HC order for miscarriage of justice, serving adjudication order on ‘kitchen boy’ of company not valid service as contemplated u/s 37C of Central Excise Act and conse...View More

'Jetty' maintenance expenses adjusted as 'wharfage charges', not taxable as 'port service' 

SC upholds CESTAT order, expenses collected from Ultra Tech Cement Ltd (UCL) as ‘wharfage charges’ by Maritime Board, a statutory body administering and operating minor ports (assessee), f...View More

Applies purposive interpretation; Jute waste not "rags"; Allows concession on paper manufacture 

SC quashes CESTAT order, grants concessional excise duty on paper and paper products manufactured from unconventional materials like pulp of jute waste / gunny bags under Notification No. 22/94-CE, ho...View More

'Risograph' a printing machine, not photocopier; Allows concessional duty benefit on import 

SC sets aside Tribunal order, 'Risograph machine' is in nature of screen printing machine and not duplicating machine, classifiable under CTH 84.43 and not 84.72; Cannot equate Risograph machine with ...View More

Chief Commissioners' Committee decision to appeal purely administrative; CESTAT cannot question merits 

HC LB answers reference in Revenue’s favour, CESTAT cannot examine issue beyond factum and question application of mind on merits by Committee of Chief Commissioners or Commissioners, to institu...View More