International Tax Ruling


Split verdict on input credit eligibility towards manufacture of "Ferro-Aluminium Alloy" products

Third Member of CESTAT to determine commercial viability of prime aluminium articles such as ingots, wires & scrap, procured for use in manufacture of "Ferro Aluminium Alloy" product and availabil...View More

HC cannot direct refund when assessee's rectification application not considered by AO 

SC allows Revenue appeal, sets aside P&H HC order which directed refund of sales tax deducted at source by Army Welfare Housing Organisation, despite finality of assessment for AY 1995-96 after re...View More

Applies FEMA Regulations; Allows 'export' refund albeit receipt of INR through FIRCs 

CESTAT allows refund of input service credit against export of services albeit receipt of consideration in Indian Rupees; Rejects Revenue contention that absent receipt of consideration in convertible...View More

Waives pre-deposit; No distinction between private & public ports; Construction prima facie exempt 

CESTAT grants partial relief by waiving pre-deposit towards demand of Rs 43.74 Cr in respect of ‘Commercial or Industrial Construction Service’ (CICS), states assessee prima facie eligible...View More

Assembling lottery terminal components into complete unit, constitutes 'manufacture'; Customs classification irrelevant 

Activity of assembling various components and making a complete unit of lottery terminal amounts to ‘manufacture’, exigible to excise duty; Rejects assessee’s contention that lottery...View More

Allows CG credit; 'Intention', not temporary exclusive use for exempt product, relevant 

CESTAT allows CENVAT credit on capital goods used for manufacture of aerated drinks, thereby quashing Revenue demand basis exclusive use in manufacture of exempted final product viz. “Mango Slic...View More

Quashes default assessment notice on limitation, absent recording of "reason to believe" 

HC quashes default assessment notice issued invoking extended limitation period under Delhi VAT Act absent any recording of 'reason to believe' that tax not paid on account of concealment, omission or...View More

Third Member rules in assessee's favour; Affixing additional label amounts to 'manufacture' 

Third Member of CESTAT rules in favour of assessee, concurs with Member (Judicial) that affixing additional label on cartons received at Taloja plant from Jammu unit (availing area based exemption) an...View More

Dismisses Revenue appeal; Upholds HC's remission to Settlement Commission under writ jurisdiction 

SC dismisses Revenue appeal as bereft of merit, upholds Delhi HC decision against Settlement Commission order w.r.t admissibility of MODVAT credit on float glass found defective during manufacture of ...View More

Denies exemption benefit; 'Pallets' intended for material handling, not 'final product' manufacture 

SC upholds CESTAT’s order, benefit under Notification No. 67/95–CE unavailable w.r.t. 'pallets' manufactured / assembled in assessee's factory and captively consumed; 'Pallets' in nature o...View More