International Tax Ruling


Raps AO's "weakness in mind"; Property attachment 'special' recovery mode, not 'general'

HC sets aside Assessing Officer (AO) order attaching bank accounts despite pendency of revision and stay applications before Commissioner of Commercial Taxes; Sec 46 of Jharkhand VAT Act a special mod...View More

'Revised' Return = 'Original' Return, once accepted; Quashes penalty absent 'tax liability' understatement 

HC allows assessee’s petition, no case of understatement of tax liability in revised return where entire tax along with interest paid, sets aside penalty u/s 72(2) of Karnataka VAT Act; Being un...View More

Allows ITC where sale price lower than purchase price, due to turnover discount 

HC dismisses Revenue petition, finds no perversity, illegality in Tax Board's order allowing Input Tax Credit (ITC) where goods sold at price lower than that shown in VAT invoice; Discount / incentive...View More

Second stay application not barred on expiry of statutory appeal disposal period 

HC upholds CESTAT LB findings, interim order granted in favour of assessee would continue so long as appeals not decided, no illegality in CESTAT’s direction permitting assessee to make fresh st...View More

Upholds CESTAT order; Affirms credit on re-insurance services availed by Insurance Co. 

HC upholds Bangalore CESTAT order, allows CENVAT credit of tax paid on re-insurance services availed from overseas companies by Indian insurance provider; Revenue submission that once Insurance Policy...View More

Limitation Act to advance cause-of-justice; Excludes time in abortive appellate proceedings 

SC rules on applicability of Sec 14 of Limitation Act to appeal proceedings under Customs Act, reiterates that though Limitation Act applies only to ‘Courts’ and not ‘quasi-judicial ...View More

'Settlement' with State Govt does not absolve partner's liability against firm's dues 

SC upholds Bombay HC order, Revenue not abstained from proceeding against partner in respect of dues payable by partnership firm despite settlement with State Govt, absent specific provision in Bombay...View More

Royalty not includible absent relation or sale pre-condition of imported goods 

CESTAT allows assessee appeal, royalty paid to associate companies under Trade Mark License Agreement not includible in imported goods value in terms of Rule 10(1)(c) of the Customs Valuation Rules; T...View More

Overrules 'Ramky' decision; Turnkey / EPC contracts taxable as 'Commercial / Industrial Construction Services' pre-2007 

CESTAT LB rules on taxability of Turnkey / EPC projects undertaken by Govt / Govt undertakings; Laying of pipelines / conduits for lift irrigation systems and involving associated activities like tren...View More

Actual sale irrelevant to determine 'intermediate product' excisability; However, demand time barred 

SC upholds excisability of ‘Transmission Assembly’, an intermediate product arising during manufacture of exempt goods, viz. Tractors below 1800 CC, pre-June 1998, however, sets aside dema...View More