International Tax Ruling


Revenue's job not mere 'tax collection'; Restrains coercive recovery pending appeal/stay 

HC quashes Revenue communication demanding Rs. 22.28 Cr credit reversal with interest and penalty within 2 days, pursuant to Adjudication Order dated December 27, 2013; Such communication not only def...View More

Input credit on 'as such' removal, reversible before 5th; Sec. 11AB inapplicable 

Duty on inputs or capital goods removed 'as such' from factory not payable on 'date of removal', in terms of Rule 3(4) of erstwhile CENVAT Credit Rules, 2002 [before substitution vide Notification No....View More

Condones delay in filing objection to SCN due to daughter's marriage 

HC condones delay in filing of objections to Show Cause Notice (SCN) proposing disallowance of Input Tax Credit under Tamil Nadu VAT Act; Accepts assessee’s compelling reason that Deputy Manager...View More

CA's to conduct Special Audit; Rule 5A(2) not ultra vires such audit 

HC upholds validity of Rule 5A(2) of Service Tax Rules requiring production of necessary documents like Trial Balance, IT Audit Report for special audit u/s 72A of Finance Act; Special Audit u/s 72A t...View More

Re-labelling & affixing brand on imported goods, not manufacture 

Activity of re-labelling of name, address and affixing brand name on imported goods not covered by definition of "manufacture" u/s 2(f) of the Central Excise Act, 1944; Rejects Revenue’s content...View More

Cement not 'capital good' for EOU exemption, no relation with manufacture 

Cement used for industrial construction cannot be treated as ‘capital good’ for manufacture of final product, under Notification No. 1/95-CE; Notification exempts excise duty on goods boug...View More

Un-availed cash discounts includible in 'Transaction value'; Refers matter to CESTAT President 

Un-availed cash discounts includible in assessable value of cleared goods under new Sec 4 of Central Excise Act; As per ‘Transaction Value’ definition, consideration received at a time oth...View More

Rejects revenue-neutrality argument; Denies GTA credit absent manufacture/duty payment 

CESTAT denies CENVAT credit on transportation of inputs and final products to / from job-workers premises, absent manufacture / duty payment by assessee; Rejects assessee’s contention of revenue...View More

Allows SSI exemption on intermediate goods, Subsequent exclusionary clause not retrospective 

HC upholds CESTAT order, allowing deemed exemption benefit to SSI units on intermediate goods, for computing aggregate value of clearance, under Notification No. 16/97-CE; As per para 3(c) of Notifica...View More

Absent sale, differential CVD credit admissible against BoE, not supplementary invoice 

CESTAT allows capital goods credit of differential countervailing duty (CVD) paid, subsequent to revision of import rates; Rejects Revenue’s contention that since differential duty was paid unde...View More