International Tax Ruling


Rules on penalty determination; 'Mens rea' applicable to criminal offences, not civil obligations 

HC Larger Bench (LB) rules on penalty determination, holds 'mens rea' not relevant / necessary ingredient for penalty imposition for non-declaration of goods in movement u/s 78 of Rajasthan Sales Tax ...View More

Larger Bench 3-2 upholds taxability of services in works contracts pre-2007 

CESTAT 5 Member Larger Bench rules 3-2 on taxability of service element in composite works contract prior to June 2007; Larger Bench examines whether issue squarely covered by Delhi HC’s G.D. Bu...View More

Rejects commercial parlance test; Upholds classification of fabric whitener / stiffener basis HSN

SC upholds classification of “Ujala Supreme” (fabric whitener) and “Ujala Stiff and Shine” (liquid fabric stiffener) as ‘Acid Violet Paste’ (AVP) and ‘Poly Vi...View More

Unless SC grants stay, Revenue bound to refund tax basis HC directions 

HC allows assessee’s writ, directs refund of tax paid under protest alongwith interest under Rule 32(2) of Tamil Nadu General Sales Tax Rules, pursuant to Division Bench order; Rejects Revenue c...View More

Rules in assessee's favour; Grants additional CVD concession on tourist vehicles import 

SC upholds Mumbai CEGAT order, grants refund of 10% countervailing duty (CVD) paid on import of cars to be used as tourist taxis; Interprets Notification No. 64/93-CE, rejects Revenue contention that ...View More

Split verdict on pre-deposit / CENVAT credit admissibility on pipelines laid by contractors 

CESTAT refers to Third Member, issue of pre-deposit in respect of CENVAT credit availed on inputs, input services and capital goods supplied to contractors for laying pipelines on job-work basis; Acco...View More

Interprets "family" under Baggage Rules; Rejects clubbing of free allowance by passengers 

HC dismisses writ, upholds customs duty on import of television sets by members of joint family, in terms of Sec 79 of Customs Act r/w Rules 2(iv) and 3 of Baggage Rules, 1993; Rejects assessees&rsquo...View More

Can't deny dealer's request to re-open final assessment where statutory forms produced subsequently

HC allows writ, assessee's request to re-open assessment not deniable where 'Form C' and 'Form F' under Central Sales Tax Act produced subsequently; Provisions clearly contemplate giving an opportunit...View More

Interprets CENVAT Credit scheme; Cross-utilisation of Additional Excise Duty credit impermissible since inception 

HC upholds Tribunal order, credit of Additional Excise Duty (AED) paid under Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 cannot be utilised towards payment of duty under Addi...View More

Dismisses Revenue appeal; Allows credit on 'moulds' despite ownership vesting with OEMs 

HC dismisses Revenue appeal, allows MODVAT / CENVAT credit on moulds supplied by original equipment manufacturers (OEMs) to manufacture plastic cabinets for television sets during the period 1997-99; ...View More