International Tax Ruling


Credit not reversible on 'used capital goods' removal from DTA to EHTP

CENVAT credit not reversible on 'used' Capital goods removed from assessee's Domestic Tariff Area (DTA) unit to its Electronic Hardware Technology Park (EHTP) unit, under CT-3 certificate issued under...View More

Capital goods used for dutiable and exempt products at different time, Credit available

CENVAT credit available on capital goods initially used for manufacture of exempt goods but subsequently used for manufacture of dutiable goods; In terms of CENVAT Credit Rules, it is not required tha...View More

Permits provisional release of prohibited second hand machine, subject to eventual adjudication

HC allows assessee’s writ, permits assessment and provisional release of second hand Digital Multifunction Print and Copying Machines, a prohibited item, subject to eventual adjudication; Prohib...View More

Transformers supplied for setting Hydel project taxable @4% as 'renewal energy device'

HC upholds Tribunal’s findings, transformers supplied along with other machinery for setting up a Hydel power project constitutes ‘renewable energy device’; Transformers ‘clien...View More

Marketing for foreign principal an 'export', Third Member follows Paul Merchant's ratio 

Third member concurs with Member (Technical), promotion / marketing by Microsoft India for foreign principal, an ‘export’ of Business Auxiliary Service (BAS) in terms of Export of Service ...View More

Sunil Hi-Tech ratio 'per incuriam'; Sub-contractor not liable once main contractor discharges tax 

CESTAT allows service tax refund to sub-contractor towards civil work executed for main contractor, who discharged tax liability on same transaction; Relies heavily on SC’s L&T ruling which ...View More

Quashes Tribunal order; Cannot insist pre-deposit of interest before May 2007 

HC quashes Tribunal order, pre-deposit of interest leviable u/s 11DD of Central Excise Act cannot be insisted prior to insertion of Explanation u/s 35F w.e.f. May 11, 2007; Rejects Revenue contention ...View More

Curtails Dy. Commissioner's powers under KGST Act; Can revise only original assessment orders 

Dy. Commissioner can invoke revisionary powers u/s 35 of Kerala General Sales Tax Act (KGST Act) only to modify original assessment orders, not orders passed consequent to Appellate Authority’s ...View More

Larger Bench allows stay extension beyond 365 days

CESTAT Larger Bench rules on extension of stay beyond 365 days (180+185) u/s 35C(2A) of Central Excise Act; Where appeal cannot be disposed of for reasons not attributable to assessee, and Tribunal sa...View More

Despite no liability on job-work, allows input deduction of consumables used therein 

HC allows input tax deduction under Karnataka Sales Tax Act on consumables used during job-work, being in course of business of manufacturing iron castings; Though no output tax payable on job-work, a...View More