International Tax Ruling


LB to determine Tribunal's scope of examining merits of Chief Commissioners' Committee directions 

HC refers matter to Larger Bench to determine Tribunal’s scope of examining due application of mind on merits by Committee of Chief Commissioner(s) / Commissioner(s) while allowing Revenue to fi...View More

Revenue bound by Govt Policy; Absent restriction, allows duty-free import of acid oil 

CESTAT allows duty-free import of Acid Oil under advance license granted to manufacturer in terms of Notification No. 93/2004-Cus, and finds no mis-declaration when characteristics of imported good ma...View More

Goods transferred after filing BoE/assessment an "inter-state", not "high seas sale" 

HC dismisses assessee’s writ, transfer of goods after filing bill of entry (BoE) / assessment not a sale in course of import but an ‘interstate sale’, be it under principal-agent rel...View More

Lambasts Revenue’s unreasonable rejection of refund; Revenue worse than a seasoned litigant

HC lambasts Revenue for lack of objectiveness while refusing assessee’s (Govt of India undertaking) refund claim for service tax inadvertently paid on consultancy services; Despite Commissioner&...View More

Club membership / privileges offered to customers not includible in telephone connection service

​‘Club membership’ and ‘Club privileges’ charges collected from subscribers towards membership scheme of Reliance Industries as marketing agent, not includible in value of te...View More

Anticipatory property attachment unjustified; Zebra crossing strips prima facie taxable at concessional rate 

HC allows assessee’s writ, marking strips for Zebra Crossing / Speed Breakers prima facie taxable as “Industrial Inputs” under Entry 42A of Schedule II to Gujarat VAT Act, taxable @ ...View More

Dismisses Revenue appeal; Neither Rule 11 nor Rule 6 applicable on exempt goods export

CESTAT dismisses Revenue appeal, can’t invoke Rule 11 of CENVAT Credit Rules (CCR) to prohibit utilisation of CENVAT credit available on date of exemption of some final products, towards duty pa...View More

Biscuits supplied to Delhi Municipal Corporation an 'institutional' sale; MRP valuation inapplicable 

CESTAT rejects MRP valuation u/s 4A of Central Excise Act on biscuits supplied to Municipal Corporation of Delhi for free distribution under National Programme of Nutritional Support of Primary Educat...View More

'Tobacco refuse' not "final" but "by-product" ; Grants exemption on intermediate goods for cigerattes

CESTAT grants respite to cigarette manufacturer, ‘tobacco refuse’ generated during manufacturing process not “final product”, hence exemption benefit of Notification No. 52/200...View More

Quashes HC order; Battery charger an 'accessory', taxable at general, not concessional rate

SC quashes P&H HC order which granted concessional tax rate to Nokia India (assessee) towards battery chargers sold alongwith cell phones, under Schedule ‘B’ to Punjab VAT Act r/w Rule...View More