International Tax Ruling


Unjust enrichment bar applicable to revenue deposit refund; Applies Hindalco Industries ratio

Provisions of unjust enrichment applicable to refund of revenue deposit arising out of final assessment of Bill of Entry (BoE); Rejects assessee's contention that refund provisions applicable only to ...View More

EPCG benefit unavailable absent export obligation fulfilment intention; Demand not time barred 

Export Promotion Capital Goods (EPCG) benefit deniable and duty demand not time-barred where goods imported in violation of EPCG scheme; Import absent facility to use capital goods for manufacture eit...View More

Indian subsidiaries of MNCs eligible for 'SFIS' incentive, quashes DGFT's interpretation 

Indian subsidiaries of foreign companies eligible for ‘Served From India Scheme’ (SFIS) benefit i.e. duty credit scrips; Delhi HC interprets both Foreign Trade Policy 2004-09 and 2009-14, ...View More

Export Cargo Handling part of 'CHA service'; Separate mention in invoice irrelevant

CESTAT grants service tax refund on ‘Export Cargo Handling charges’ paid to Customs House Agent (CHA) by exporter, in terms of Notification No. 17/2009-ST; Rejects Revenue contention that ...View More

Allows tax refund on services wholly consumed within SEZ despite ab initio exemption

CESTAT allows refund of tax paid on services wholly consumed within SEZ, holds refund not deniable to service recipient for procedural infraction of having paid service tax which ought not to have bee...View More

Insists upon physical notice serving over 'orthodox' methods where huge liability involved

HC allows writ on ground of violation of natural justice principles, ex-parte assessment order passed under Jharkhand VAT Act absent hearing opportunity violative of assessee’s fundamental right...View More

No exemption on imported optical fibre cables; However, demand hit by limitation

Customs duty exemption under Notification No. 24/2005-Cus unavailable on import of Optical Fibre Cables, such goods classifiable under Customs Tariff Heading (CTH) 9001, not CTH 8544; Relies on co-ord...View More

Exemption notification restrictive; Doors not windmill generator parts; Refers to Larger Bench

CESTAT denies excise duty exemption under Notification No. 6/2006-CE on anchor rings, load spreading plates used in windmill towers and foundation, such goods not classifiable as “wind operated ...View More

Upholds validity of Circular denying bank guarantee exemption to penalised license-holders 

HC quashes challenge to CBEC Circular No. 8/2013-Cus which amended Circular No. 58/2004-Cus prescribing revised norms for execution of bond and bank guarantee under Advance License and EPCG Schemes of...View More

Dismisses SLP; Upholds assessments under UP Trade Tax Act beyond general limitation 

SC dismisses SLP, upholds Allahabad HC order accepting assessment orders under U.P. Trade Tax Act for A.Y. 1989-90, as not barred by limitation u/s 21(2); HC had rejected assessee contention that asse...View More