International Tax Ruling


Failure to consider assessee's contentions vitiates Revisional Authority's power; Allows assessee's writ

HC quashes Revisional Authority’s order, rejecting time-barred drawback claim without considering assessee’s supplementary claims on merits, condonable under Rule 17 of Drawback Rules in l...View More

Quashes penalty where exemption claimed under bona-fide belief, necessary 'mens rea' absent

HC sets aside penalty u/s 45A of Kerala General Sales Tax Act (KGST Act) absent existence of necessary ‘mensrea’ to suppress sales turnover, follows SC ratio in EID Parry (I) Ltd. and Hind...View More

Indirect control can't deny Tata 'group' EPCG benefit; Interpretation Committee's 'inconsistency' bewildering

HC allows cross utilisation of exports for EPCG Authorisation export obligation fulfilment in terms of Para 5.4 of Foreign Trade Policy, treats Tata Consultancy Services Ltd as ‘group company&rs...View More

Motor vehicle a non-creditable 'capital good' ; Re-sale by manufacturers exempt from VAT 

HC grants exemption on resale of used motor vehicles u/s 6(3) of Delhi VAT Act (DVAT Act), thereby excluding consideration received from taxable / business turnover of manufacturer-traders of other co...View More

Allows credit to manufacturer of installation at customers' premises; Applies Ultra Tech ratio 

CESTAT allows CENVAT credit of installation/erection charges undertaken at customer premises, to manufacturer of machinery; Accepts assessee's contention that installation service at customer premises...View More

'Passenger ship' prima-facie not 'pleasure vessel', modification to function as 'casino' irrelevant

CESTAT grants stay, vessel even though modified to function as a 'casino', prima-facie a ‘passenger ship’ classifiable under Customs Tariff Heading (CTH) 8901; Rejects Revenue contention t...View More

Quashes demand on limitation, but abstains from classifying TV-tuner as 'computer' / 'television' accessory

CESTAT rejects Revenue’s attempt to classify VGA card box / TV tuner as “reception apparatus for Television” under Customs Tariff Heading (CTH) 8528 7100, sets aside customs duty dem...View More

Compensation towards permission to lay pipelines for petroleum transport within Port non-taxable 

Compensation received from ONGC towards grant of permission to lay oil pipelines below land / seabed within Port limits not taxable under “Port Services” u/s 65(82) of Finance Act; Rejects...View More

Third Member to decide taxability of excess baggage charges collected separately by Airliners 

CESTAT refers to Third Member taxability of excess baggage charges collected by Airline operators from passengers at the time of aircraft boarding; Member (Judicial) holds that main service provided b...View More

Commerce Ministry must determine SFIS entitlement to Indian Company with foreign shareholding / overseas brand 

HC directs Secretary of Commerce to consider entitlement of duty credit scrip under “Served From India Scheme” (SFIS) to Indian company with majority foreign shareholding as well as applic...View More