International Tax Ruling


Power project awarded through tariff-based bidding  eligible for 'International Competitive Bidding' exemption

CESTAT allows excise duty exemption on goods supplied for setting up power projects under International Competitive Bidding (ICB) in terms of Sl. No. 91 of Notification No. 6/2006-CE; Rejects Revenue ...View More

Sub-contractors supplying to Power Projects under ICB process eligible for duty exemption

CESTAT allows excise duty exemption under Notification No. 6/2006-CE on supply of goods to contractors undertaking setting-up of Ultra Mega Power Projects under International Competitive Bidding (ICB)...View More

Govt. undertaking not 'institutional consumer'; Upholds MRP valuation for Colour TV's free distribution 

CESTAT upholds valuation of Colour Television Sets (CTVs) cleared to State Govt undertaking for free distribution to poor on MRP basis u/s 4A of Central Excise Act, 1944; Rejects Revenue contention th...View More

Bombay HC to determine Rule 6 exception applicability to SEZ developers prior December 2008

Bombay HC admits appeal to decide whether exception to Rule 6(6) of CENVAT Credit Rules would be applicable to supply of goods to both SEZ unit & developer prior to December 31, 2008; Before Decem...View More

BPCL ruling flawed; Accepts fixed "Import Price" between Refinery & marketing companies 

CESTAT upholds ‘Import Parity Price (IPP)’ charged by Indian Oil Corporation Ltd from Oil Marketing Companies (OMC) based on MoU as ‘transaction value’ for sale of Air Turbine ...View More

Unlike Tribunal, Commissioner (Appeals) barred from reviewing own pre-deposit order

HC rules that Commissioner (Appeals) has no power to review his order on pre-deposit u/s 35F of Central Excise Act; Absent specific provision under statute, Commissioner (Appeals) barred from entertai...View More

Interest inapplicable on provisional assessments completed before July 2006; Sec 18 amendment prospective

No interest payable on finalisation of provisional assessment of imported goods prior to July 2006 in terms of Sec 18(3) of Customs Act; Said section cannot be presumed to govern Bills of Entry filed ...View More

Once finished goods dutiable on MRP basis, undervaluation of intermediate goods irrelevant

CESTAT provides respite to Hindustan Unilever, sets aside duty demand on supply of intermediate goods, viz. unfinished soap noodles, at a price lower than that cleared to sister unit on cost construct...View More

Reverses Tribunal's ruling on GTA services credit; Place of removal not factory-gate

HC allows assessee’s appeal, reverses Tribunal ruling which held that where “excise duty rate" on final product specific, 'place of removal’ would be factory gate and CENVAT credit o...View More

Third member follows British Airways ruling; Foreign CRS services not-taxable

CESTAT Third Member grants respite to Thai Airways, services received by Indian branch offices from foreign-based Computer Reservation System (CRS) companies not taxable as “Online Database Acce...View More