International Tax Ruling


Demand towards undervaluation of goods cleared against invalidated licenses hit by limitation

CESTAT quashes partial differential duty demand towards undervaluation of finished goods cleared against invalidated advance licenses from June 2002 to December 2005, on the basis of limitation; Asses...View More

Denies SSI exemption; Brand owner's nature of activities irrelevant to determine eligibility 

CESTAT disallows SSI exemption benefit under Notification No. 8/2003-CE w.r.t. goods manufactured using brand name 'Ribbons & Balloons' belonging to another company viz. Bharat Cafe Pvt. Ltd.; Rej...View More

Dismisses SLP; Upholds HC's refusal to entertain writ challenging same assessments again

SC dismisses SLP, upholds HC’s refusal to entertain assessee’s writ petitions under Article 226 of Constitution challenging same assessment orders which were subject matter of earlier writ...View More

Allows retroactive extension of anti-dumping enquiry; 24 hrs notice meets natural justice principles

Madras HC allows retroactive extension of time limit for completion of anti-dumping enquiry, though notification issued by Central Govt. was after expiry of the statutorily prescribed period (notifica...View More

Upholds SLP dismissal; Affirms HC view on scope of Chief Commissioners' Committee directions 

SC dismisses assessee’s review petitions against SLP dismissal, whereby Delhi HC judgement on legality of appeal filed u/s 86(2) of Finance Act upon Committee of Chief Commissioners’ direc...View More

Dismisses Revenue appeal; Upholds DTA sale entitlement basis 'deemed exports' value 

SC dismisses Revenue appeal, upholds Ahmedabad CESTAT’s order allowing DTA clearance of goods upto 50% of FOB value of exports, including deemed exports, to EOU; Observes, “…after g...View More

'Remittance' & 'conversion' distinct events; Foreign currency conversion by Union Bank taxable 

HC upholds service tax on conversion of entire foreign currency remittance from overseas, into Indian Rupees by Union Bank of India; Rejects assessee's contention that tax applicable only on private &...View More

Grant-in-aid not 'consideration'; Mineral exploration by PSU for Govt. non-taxable absent 'service' 

CESTAT quashes demand on Public Sector Undertaking towards mineral exploration activities undertaken against Govt. of India (Ministry of Mines) grant-in-aid; Activity appropriately classifiable as &ld...View More

Refund of customs duty expensed in import year, hit by unjust enrichment

CESTAT dismisses appeal, rejects refund of excess customs duty expensed out in year of importation by relying on SC ruling in Solar Pesticides; Amount shown as ‘receivable’ in succeeding y...View More

Term 'assessment' has wide connotation, Commissioner not empowered to defer 'assessment' proceedings 

Dismisses assessee’s writ, Commissioner not empowered to defer assessment proceedings u/s 21(7) of Andhra Pradesh VAT Act (APVAT) which only provides for consequences of deferment of assessment ...View More