International Tax Ruling


Absent deeming provision, customs lacks jurisdiction to confiscate foreign-currency under FEMA ; Quashes penalty 

CESTAT Delhi sets aside absolute confiscation of foreign-currency equivalent to Rs 81.01 lakhs (approx.) and consequential penalties imposed under Sections 113(d) and 114 of the Customs Act, 1962, hol...View More

Compensation for Factory capacity-underutilization by service-recipient to supplier qualifies as ‘declared service’; Damages/Penalties do not

In a 157 page comprehensive ruling, CESTAT Ahmedabad rules in Revenue’s favour that charges/compensation (Idle cost compensation) paid by holding German company to its I...View More

'BENQ Interactive Flat Panel', classifiable as ADP-machine, eligible for duty exemption; Dismisses Revenue's appeal 

SC dismisses Revenue’s civil appeal against the CESTAT ruling which held that ‘Interactive Flat Panel’ imported by BenQ India is correctly classifiable under CTI 8471 41 90 and thus ...View More

“BENQ Interactive Flat Panel” exempt from BCD; Upholds classification as ADP Machines 

CESTAT Mumbai rules that import of “BENQ Interactive Flat Panel” by M/s BenQ India Private Limited, Thane (Assessee) is exempt from Basic Customs Duty (BCD); Upholding its classification a...View More

FOB value can’t be redetermined by any customs officer; Sets aside Revenue’s order 

CESTAT Delhi while setting aside the order passed by the Commissioner (Appeals), reaffirms that the FOB (Free on Board) value cannot be redetermined by any Customs Officer; Tribunal emphasizes “...View More

Dismisses Revenue’s SLP challenging 10% VAT on Toughened Glass 

SC dismisses Revenue’s SLP against Allahabad HC order which had allowed the revision filed by Guddex Glass Industries Pvt. Ltd. (Assessee), where the High Court set aside the Commercial Tax Trib...View More

Allows Guddex Glass’s revision plea against demand raised by tribunal; Imposes cost 

Allahabad HC allows a revision plea filed by M/S Guddex Glass Industries P Ltd (Assessee) against the order passed by the Tribunal that upheld demand and interest classifying toughened glass as taxabl...View More

Declines to interfere with demand raised on Burberry for undervaluing imported goods; Upholds confiscation 

SC dismisses the appeal filed by Burberry International (Assessee), challenging the CESTAT Delhi’s ruling, whereby, it confirmed the rejection of declared import value and upheld the confiscatio...View More

Confirms rejection of Burberry’s declared import value; Upholds confiscation & penalty 

CESTAT Delhi confirms rejection of declared import value by M/s Burberry International (Assessee) and upholds confiscation of goods along with demand and penalty; The issue in this case was whether or...View More

Bank of Baroda not liable for service tax on “foreign bank charges” under RCM 

CESTAT Mumbai holds that Bank of Baroda (Assessee) is not liable to pay service tax on “foreign bank charges” paid to foreign correspondent banks or foreign intermediary banks, under Rever...View More