International Tax Ruling


Absent provision u/s 11BB of Excise Act, no interest payable on 'interest refund' 

CESTAT dismisses appeal, no 'interest' payable on refundable interest amount from Department absent any legal provision thereof; Though the word ‘interest’ added to Sec 11B of Central Exci...View More

Third Member favours assessee; "Managing / running" of Taj Lands End not a 'service' 

No service tax payable under ‘Management Consultancy Service’ category on running, operating and managing of Taj Lands End Ltd’s entire hotel business by The Indian Hotels Co. Ltd. (...View More

Applies 'predominant function' test; Multi-function network printers = "peripherals", vatable at concessional rate

Image runner – multifunction network printer taxable @ 4% under Entry 18(i), Part B of Schedule I to Tamil Nadu General Sales Tax Act, as ‘computer peripheral’; Applies ‘predom...View More

Upholds pre-deposit; Flats construction for landowner despite no monetary consideration prima facie taxable

HC upholds pre-deposit, construction of flats equivalent to landowner’s share under joint venture agreement prima facie taxable as ‘construction of residential complex service’ u/s 6...View More

SEZ Developer's approval cancellation justified; Selection against established procedure, 'Promissory estoppel' inapplicable 

HC upholds Single Judge order, admonishes Puducherry Govt’s selection process for private SEZ developer absent observance of well established procedures in tender processing like technical and c...View More

Lease confers no 'proprietary interest'; Upholds compounded duty levy on fabric manufacturer 

Leasing of knitting unit / factory does not tantamount to ‘acquisition of proprietary interest’ therein, assessee liable to excise duty under compounded scheme as “independent proces...View More

Dismisses SLP; Incomplete Form capable of re-use = tax evasion intention; Penalty imposable 

SC dismisses SLP against Allahabad HC order which upheld imposition of penalty u/s 54 of U.P. VAT Act, 2008 (Act) for incomplete filling of declaration form (Form 38) accompanying consignment of goods...View More

Applies merger doctrine; Cannot re-construct Revenue's issue when decided in assessee's favour

HC upholds Tribunal order, ‘doctrine of merger’ applicable where issue raised against Adjudicating Authority’s order already decided by Commissioner (Appeals) in assessee’s fav...View More

Grants Terminal Excise Duty refund on supplies to EOU; Applies Delhi HC ratio

HC quashes Policy Interpretation Committee (PIC) order, allows refund of terminal excise duty (TED) on “deemed exports” to 100% EOU under Foreign Trade Policy (FTP); Accepts assessee&rsquo...View More

Rejects trading rights violation plea; 'Indian Standard' certification for non-alloy imports mandatory

Bombay HC dismisses challenge to CBEC Circular dated November 7, 2014 mandating Bureau of Indian Standard (BIS) certification on import of steel products covered by description in the Indian Standard;...View More