International Tax Ruling


Declares 'ultra vires' application of Duty Drawback Rules for FTP deemed exports 

HC strikes down Para 8.3.6 of FTP 2009-14 Handbook of Procedures v.1 (HoP) and Para 7 declaration under Form ANF-8 as “ultra vires” the Foreign Trade (Development & Regulations) Act (F...View More

CENVAT Credit Rules' penalty provision not ultra-vires of Act; Rule 15 valid 

HC upholds "vires" of Rule 15(2) of CENVAT Credit Rules, 2004 imposing penalty on wrong credit availment / utilisation with duty evasion intention, in terms of Sec 11AC of Central Excise Act (Act); Ce...View More

Reverses CESTAT order; Interest leviable on wrongly availed credit despite non-utilisation 

HC reverses CESTAT order, interest leviable on wrongly availed input credit despite non-utilisation, under Rule 14 of CENVAT Credit Rules r/w Sec 11AB of Central Excise Act; Rejects assessee’s a...View More

Funskool board games classifiable as 'toys/puzzles' or 'games'?, Bench refers to President 

2 Member CESTAT Bench refers classification dispute of Funskool board games viz. Chip N Dale, Duck Tale Disney, Fox & Geese and Rally to CESTAT President for determination; Issue pertained to clas...View More

Allows input service credit on storage shed construction within factory premises

CESTAT allows input service credit on construction / erection / fabrication of temporary shed for storage of cement and steel inside factory premises; Services in relation to setting up, modernis...View More

Captive consumption amongst sister concerns 'revenue-neutral exercise'; Credit on electricity available 

CESTAT cites 'revenue neutrality' to allow proportionate input credit on generation and supply of electricity to assessee’s second unit with different Excise registration; Distinguishes Maruti S...View More

'Credit non-availment' condition for GTA abatement applicable to service provider, not recipient 

CESTAT upholds Commissioner (Appeals) ruling, credit availment by ‘service recipient’ no ground to deny 75% abatement benefit on ‘GTA services’; Notification Nos. 32/2004-ST an...View More

Goods partly consumed captively taxable at 'transaction value'; Relies on Ispat ratio 

Where goods partly sold to independent buyers and partly consumed captively, assessable value of captively consumed goods shall be ‘Transaction Value’; Rule 8 r/w Rule 9 of Valuation Rules...View More

Laptop a 'capital good', 'Movability' irrelevant for CENVAT credit 

CESTAT allows capital goods credit on laptop (installed with special software) used to operate aluminium pressing machines in factory; Laptop falls within Chapter 84 of Central Excise / Customs Tariff...View More

Absent speaking order, Tribunal can't direct pre-deposit already waived by Appellate Commissioner 

Tribunal can order pre-deposit while remanding proceedings despite dispensation of such requirement by Commissioner (Appeals); Sec. 35C of Central Excise Act empowers Tribunal to confirm / modify / an...View More