International Tax Ruling


Upholds Settlement Commission's order, No immunity from interest, penalty absent true disclosure 

HC dismisses assessee's writ to modify Settlement Commission's order, upholds levy of interest and penalty absent any fault found with decision-making process adopted by Settlement Commission; Rejects...View More

Quashes assessments; Allows composition benefit on construction completion post flat sale

Denial of composition scheme to dealers engaged in construction and sale of residential apartments, buildings or commercial complexes, for post-sale construction made in terms of initial agreement wit...View More

Allows 'sale price' deduction; Quarterly 'turnover discount' through credit notes = 'trade discount' 

HC upholds deduction of quarterly 'turnover discount' given to dealers by way of credit notes from “sale price” u/s 2(m) of Delhi Sales Tax Act, thereby rejecting Tribunal findings that de...View More

Project Import benefit available where contract registered before goods clearance from warehouse 

CESTAT allows Project Import benefit under CTH 98.01 of Customs Tariff Act r/w Project Import Regulations (PIR), where contract registered with customs house post importation of goods, but before clea...View More

Notice before recovery mandatory; Natural-justice principles applicable; However, absent prejudice, "empty formality"

Recovery proceedings cannot be initiated without issuance of show cause notice u/s 11A of Central Excise Act, even if provision inapplicable, it is fundamental that before taking any adverse action ag...View More

No estoppel against law; Quashes chemical analysis ultra vires procedure prescribed under Act 

SC set asides CESTAT order, test reports based on samples (for determining ash content of coking coal) not reliable if samples drawn against procedure prescribed in law, finds entire chemical analysis...View More

Upholds ITC adjustment in current year, despite 'c/f to subsequent period' in return 

HC upholds VAT Tribunal order, allows Input Tax Credit (ITC) adjustment towards current year’s output tax liability despite carry forward of such credit to subsequent tax period, in submitted re...View More

Interprets 'interconnected undertakings'; Upholds Rule 10 valuation; But restricts demand to normal limitation 

CESTAT upholds valuation of HDPE / PP Bags manufactured and sold through ‘interconnected undertakings’ under Rule 11 r/w Rule 10(a) of Central Excise Valuation Rules; Rejects assessee&rsqu...View More

Absent 'ultimate delivery', bus plying for State Transport Corp. not "deemed sale"

Delhi HC grants relief to Delhi Transport Corporation (DTC) bus operator, agreement with DTC to give bus on hire for plying on specified routes, as per specified schedule, not a ‘transfer of rig...View More

Sales marketing & promotion by foreign entity taxable post-2006 under reverse charge 

CESTAT upholds partial service tax demand on IT Co. towards sales marketing and promotion services received from foreign entity; Such activities fall within the definition of 'Business Auxiliary Servi...View More