International Tax Ruling


Foreign brokers commission for diamond imports taxable, but restricted to normal limitation 

CESTAT upholds demand under reverse charge mechanism in respect of commission remitted to foreign entity acting as broker of rough diamonds, though restricting same to normal limitation period; Issue ...View More

Upholds Revenue classification; Grain transportation machines nothing but dutiable "conveyors & elevators" 

CESTAT confirms duty demand, machines used for transportation of grain within factory or for storage or feeding into certain machines classifiable under CETH 8428 as “conveyors and elevators&rdq...View More

Affirms 2-Judge Bench ruling; 'Interpretation Rules' contextual; A/C kit & compressors separately classifiable 

SC Larger Bench affirms 2-Judge Bench ruling, ‘car air-conditioning kit’ falling under CETH 8415 minus ‘automotive gas compressor with or without magnetic clutch, covered under Sr. N...View More

Applies 'best judgment assessment' for captive goods valuation in turnkey projects 

SC applies ‘best judgment assessment’ under Rule 7 of Central Excise Valuation Rules 1975, for determining value of smoke detectors used captively in execution of turnkey projects i.e., wh...View More

Grants excess duty refund; Dealer 'turnover discount' not "expense reimbursement", deduction admissible 

CESTAT grants excess duty refund to assessee, deduction of turnover / quantity discount admissible since same linked to quantum of goods purchased by dealers in a month and varies from dealer to deale...View More

Upholds CESTAT order; Grants SAD refund on 'deemed sale' of imported STBs 

Delhi HC upholds CESTAT order granting refund of 4% Special Additional Duty (SAD) on sale of imported set-top boxes (STB) in India; Rejects Revenue’s stand that assessee merely transferred right...View More

 No deviation from GTL Infrastructure; Allows 'towers' credit to Telecom Infrastructure Cos 

CESTAT allows CENVAT credit on capital goods and input services utilised in telecom towers constructed / erected for purpose of providing Business Support Services; Finds no reason to deviate from vie...View More

Erroneous refund recoverable u/s 73 from sanction order date; Revision proceedings conclusion inconsequential

CESTAT dismisses Revenue appeal, show cause notice for recovery of service tax erroneously refunded must be issued within 1 year from date of sanction order, in terms of Sec 73(1) of Finance Act absen...View More

Follows 'PTC Software' ruling; Credit refund available on employee group insurance, parking rentals 

CESTAT sets aside Commissioner (Appeals) order which rejected input service refund claim in respect of employees group insurance mediclaim premium and car parking rentals, as not directly related to s...View More

Rejects Revenue's reliance on void Circular; No Cess where import duty exempt

CESTAT upholds Commissioner (Appeals) order, 2% Education Cess inapplicable on goods imported under Target Plus Scheme, when basic customs duty (BCD) and additional customs duty (CVD) exempt vide Noti...View More