International Tax Ruling


Exemption to stem cell preservation services 'remedial' and not 'clarificatory', inapplicable retrospectively 

HC dismisses writ, Notification No. 4/2014-ST dated February 17, 2014, inserting Entry No. 2A in mega exemption Notification No. 25/2012-ST, thereby extending exemption to "Services provided by cord b...View More

Denies SSI exemption; Reiterates brand name 'affixation' immaterial; Applies Australian Foods' ratio 

SC sets aside CEGAT order partly, denies SSI exemption under Notification No. 1/93-CE on manufacture of goods with brand name of TISCO Ltd; Rejects assessee’s contention that absent affixation o...View More

Seller, not purchaser-EOU, liable towards furniture sale in contravention of exemption Notification 

HC upholds Tribunal order, tax collectible from seller w.r.t. sale of modular furniture to assessee, a 100% Export Oriented Undertaking (EOU), rejects Revenue submission that assessee liable for misre...View More

Disallows free shipping bill conversion into drawback absent declaration during export 

HC allows Revenue appeal, conversion of free shipping bills to drawback shipping bills allowable only if export declaration made in consonance with Rule 12(1)(a) of the Customs, Central Excise Duties ...View More

Allows retroactive extension of anti-dumping enquiry; However, finding absent reasonable opportunity unsustainable 

HC upholds ex post facto extension of anti dumping duty (ADD) investigation period by Central Government, however, quashes final finding of designated authority (DA) rendered in violation of principle...View More

Brake fluids repacking = manufacture; 'Ignorance' plea unsustainable; Upholds extended limitation, penalty / interest 

HC allows Revenue appeal, 'ignorance of law' not a valid excuse for non-payment of excise duty on repacking of brake fluids supplied by Indian Oil Corporation (IOC); As per Note 5 of Chapter 38 of Cen...View More

Cannot segregate 'labour' once composition opted for works contract; Erection / Commissioning VATable 

HC upholds Tribunal order, erection and commissioning of wind turbine generators (WTGs) liable to VAT, tax payable on total consideration u/s 15(1)(b) of Karnataka VAT Act, under composition scheme; A...View More

Absent service charges, interest receipt by bank against hypothecation loan non-taxable 

No service tax payable by bank on interest received against hypothecation loan, where no service charges collected in this regard; Interest being consideration for liquidity forgone by Bank due to len...View More

Allows TED refund against ICB supplies, Laments authorities for ignoring Court's order 

HC lambasts Adjudicating Authority, Terminal Excise Duty (TED) refund available for supplies against International Competitive Bidding (ICB), where TED exemption not availed; Reiterates observation ma...View More

Cost incurred towards open market sale not includible in 'captive consumption' valuation 

SC upholds valuation of captively consumed yarn basis value of comparable goods sold in market, but allows adjustment of costs incurred towards such sale, in terms of Rule 6(b) of Central Excise (Valu...View More