International Tax Ruling


"Fabrication" not synonymous to "installation", 'chilling water plant' non-taxable as "air conditioners" 

SC reverses HC findings, 'fabrication' not synonymous to 'installation', water chilling plant fabricated as per customers works orders taxable at composition rate of 5%, as applicable to “fabric...View More

Postage a 'duty', non-taxable as 'expenditure'; Quashes "Share Transfer services" demand pre-2006 

CESTAT rules out taxability of postage expenditure reimbursed by "Share Transfer Agent & Registrar to an Issue" from client companies; As per Sec 2(f) of The Indian Post Office Act, ‘postage...View More

Dissects Indsur Global ratio; Upholds confiscation & penalty for Rule 8(3A) violation 

CESTAT upholds confiscation of goods cleared in contravention of Rule 8(3A) of Central Excise Rules without payment of excise duty either before statutory due date or before 30 days grace period; Asse...View More

Where option to pay 'fine in lieu of confiscation' not exercised, duty unsustainable 

SC reverses Bombay HC order, sets aside duty demand u/s 125(2) of Customs Act as show cause notice u/s 124 limited to confiscation of goods and imposition of penalty for breach of Notification No. 64/...View More

Affirms purchaser's "locus standi" to refund; However, application hit by limitation despite protest 

SC denies excise duty refund to purchaser of ‘naphtha’ since application filed beyond 6 months’ limitation prescribed u/s 11B of Central Excise Act, despite agreeing that duty was pa...View More

Allows exemption on exhibition jewellery re-import; 60 days limit under FTP not 'prohibition' 

CESTAT allows customs duty exemption on re-import of gold jewellery sent overseas for exhibition, under Notification No. 94/1996-Cus; Sets aside Adjudicating Authority order which held that since good...View More

Penalty equivalent to duty amount not mandatory when Rule 96ZO declared "ultra vires" 

HC dismisses Revenue appeal, imposition of penalty equivalent to duty not paid under erstwhile Rule 96ZO(3) of Central Excise Rules, 1944 not mandatory in view of striking down of said provision by P&...View More

Third Member upholds interest demand within one year of pre-notice duty payment 

Third Member rules on time limit for demanding 'interest' on differential duty paid suo moto prior to issuance of show cause notice, concurs with Member (Technical) that interest demanded within one y...View More

Related party sales at ALP out of Sec. 4(1)(a) proviso ambit; Holding-subsidiary cos 'related' 

SC dismisses Revenue appeals as devoid of merit, sale of 10% of manufacturing capacity by assessee to its Holding Company does not attract proviso (iii) to Sec 4(1)(a) of Central Excise Act, as it sto...View More

Third Member rules against petroleum co.; Transportation costs upto 'depot' taxable 

Third Member rules on includability of transportation charges in determining transaction value of petroleum products sold to ONGC from depot; Concurs with Member (Technical), as sale takes place at de...View More