International Tax Ruling


Grants "legislative flexibility", upholds stage-wise taxability under MVAT Rules; Bombay Tyre reigns 

Bombay HC rejects challenge to amendment to Rule 58 of Maharashtra VAT (MVAT) Rules vide Notification dated January 29, 2014 and ensuing Trade Circulars 7T of 2014 and 12T of 2014, dismisses petitione...View More

Adopts lexical meaning of "Handicrafts"; Grants concessional rate benefit; 'Manufacturing place' inconsequential 

‘Decorative Stained Glass’ products taxable @ 4% as ‘Handicrafts’ under Sl. No. 128 of Third Schedule in terms of Sec 4(1)(b) of Delhi VAT Act, not as unclassified items @ 12.5...View More

Rejects 'transaction value' enhancement absent exact quantification of 'additional consideration' to Frit-manufacturers 

CESTAT grants major reprieve to ‘Frit’ manufacturers in Gujarat, quashes Revenue's large scale demand towards clandestine removal and undervaluation of Ceramic Glazed Frits sold to Tile ma...View More

Limitation period applicable to best judgment assessment, where proper accounts not maintained 

HC upholds Tribunal’s order, best judgement assessment u/s 41(7) of Gujarat Sales Tax Act (Act), where assessee has not employed any proper method of accounting, would be governed by time limit ...View More

Interest recovery on wrongly availed credit barred by limitation; Applies 'TVS Whirlpool' ratio 

Interest recovery u/s 11AB of Central Excise Act on suo motu reversal of wrongly availed CENVAT credit barred by limitation; On plain reading of Sec 11AB, it is clear that interest on delayed duty pay...View More

No duty payable on capitalized duty-free machinery spare parts during EOU debonding 

CESTAT allows assessee's appeal, no duty payable on spare parts imported duty free to replace damaged and worn out parts of machinery and capitalised as part of 'capital goods', when in-principle appr...View More

Allows Revenue appeal; Refers 'guar dal powder' classification issue to CESTAT LB 

SC allows Revenue appeal, quashes CESTAT order classifying ‘Guar Dal Powder’ under Chapter Heading 11.01 as a product of milling industry, dutiable at Nil rate; Notes opposing views of CES...View More

Commission to overseas agent non-taxable as 'BAS' under reverse charge mechanism 

CESTAT grants service tax exemption under Notification No. 14/2004-ST on commission paid to overseas agents for procuring textile export orders, thereby rejecting Revenue’s demand for service ta...View More

Rejects Revenue's "economic non-viability" contention; Allows input credit against 'scrap' manufacture 

CESTAT allows input credit on indigenously procured / imported Copper Ingots, Wire Bars, Copper Alloy, Ship Breaking material for copper scrap manufacture; Rejects Revenue contention that it is econom...View More

Allows Compounded Levy benefit; Adjudicating Authority cannot suo motu estimate valuation ignoring CA certification 

CESTAT allows benefit of Compounded Levy Scheme under Rule 96ZNA to 96ZNB of erstwhile Central Excise Rules 1944, holds Adjudicating Authority unjustified in rejecting valuation of investment in plant...View More