International Tax Ruling


Where 'lis' commences pre-2014, mandatory 7.5% pre-deposit for hearing appeal, inapplicable 

HC allows writ, assessee not liable to mandatory pre-deposit of 7.5% of confirmed tax as a condition for pursuing appellate remedy before CESTAT; Refers to prima facie view taken by Division Bench of ...View More

Distinguishes BSNL ratio; Sodexo Vouchers = 'goods'; Upholds octroi / LBT levy by municipal corporations 

Bombay HC upholds levy of octroi and local body tax (LBT) on Sodexo Meal Vouchers sold by assessee to customers viz. organisations for use by their employees; Perusing the sodexo scheme, HC holds that...View More

Absent sale at 'factory gate', packaging costs not includible in final product value 

SC dismisses Revenue appeals, cost of packing cartons used for transportation not includible in assessable value of final products; Evaluates test laid down in Hindustan Safety Glass Works Ltd, viz. w...View More

Quashes differential duty demand; Anti-rust coating of car bumpers, grills not "manufacture" 

SC grants respite to car manufacturer, quashes differential duty demand on bumpers, grills and other spares cleared from factory after subjecting them to a process of anti-rust coating; Rejects Revenu...View More

Heavy storage racks embedded to earth constitute "immovable property"; Piecemeal clearance non-taxable 

CESTAT sets aside excise duty demand, ‘heavy storage racks’ erected onsite by embedding into earth for storage of industrial engineering goods constitute “immovable property”; ...View More

Absent challenge to stay application dismissal by CESTAT, refund payable with interest

HC allows writ appeal, Revenue cannot deny sanctioned refund of service tax when stay application filed alongwith appeal against Appellate Authority’s order dismissed by CESTAT; Rejects Revenue ...View More

Applies trade parlance; High Density Board not 'Paper'; Denies concessional tax rate 

Karnataka HC dismisses revision petitions, upholds taxability of Electrical Insulated Press Board (commonly known as High Density Board) under residuary entry of Karnataka VAT Act @ 12.5% thereby reje...View More

Can't utilise CENVAT Credit towards payment of wrongly collected tax on sponsorship 

CESTAT upholds tax liability on IPL Cricket Association, cannot utilise CENVAT credit for payment / deposit of amount collected as service tax, when not required to do so, in terms of Sec 73A(2) of Fi...View More

CESTAT's reliance on MP HC ruling unsustainable; Export credit refund governed by Sec 11B limitation 

HC allows Revenue appeal, rejects assessee’s refund claim of unutilised accumulated CENVAT credit of inputs under Rule 5 of CENVAT Credit Rules as barred by limitation of 1 year u/s 11B of Centr...View More

'As such' = "without any use"; Used capital goods removal entails depreciated credit reversal 

HC dismisses Revenue appeal, rejects differential CENVAT credit demand on ‘speed frame lapping machine’ - a capital good - removed after 8 years of putting to use; Upholds CESTAT order whi...View More