International Tax Ruling


Royalty / license fee not 'sale condition' of imported capital goods; Rule 9(1)(c) inapplicable

Royalty & license fee payable on transfer of technical know-how in relation to ‘Float Process Technology’ and sale of finished products, not includible in import value of capital goods...View More

Can't treat inputs as 'non-duty paid' on credit availment; By-product waste exempt

​CESTAT exempts waste arising out of manufacture of plastic products, availment of duty ​credit ​on inputs does not violate condition of ​Notification No. 53/88-CE; Notification exempts waste ...View More

Allows writ even if alternate remedy available; Holds sale as 'penultimate export'

HC allows writ, supply of submarine navy batteries which in-turn exported outside India, a 'penultimate sale for export'; Such sale eligible for sales tax exemption u/s 5(3) of Central Sales Tax Act, ...View More

Upholds job-work valuation at cost + job charges; Absent captive consumption, Rule 8 inapplicable

CESTAT upholds valuation of job-worked goods on raw material cost + job-charges basis, towards fabrication and installation of structures for ONGC’s off-shore oil explorations; Rejects Revenue c...View More

Rejects extra-duty-deposit levy on related-party imports despite appeal pendency 

Loading 1% extra duty deposit (EDD) on imports from foreign affiliates under “special valuation” despite pendency of appeal in this regard before Tribunal, illegal & arbitrary; Rejects...View More

Therapeutic treatment of ailment with yoga taxable as 'health & fitness service' 

CESTAT upholds service tax on therapeutic treatment through yoga as ‘health and fitness service’ u/s 65(42) of Finance Act; Rejects assessees’ contention that since they engaged in t...View More

Bill of entry sufficient for import value determination; Invoice / insurance cover value irrelevant 

Bill of Entry value acceptable for determination of assessable value of imported vessel, invoice / insurance cover value irrelevant for exemption entitlement under Notification No. 21/2002-Cus; Invoic...View More

Input tax an 'advance tax'; Full ITC deductible for 'deferred tax' computation 

HC allows deduction of entire input tax credit (ITC) towards calculation of 50% ‘deferred tax’ payable upfront to avail exemption benefit by industrial units u/s 61(2)(d)(iii) of Haryana V...View More

Sec 12(1-B) interest applicable to short payment of 'tax due', not 'assessed tax' 

HC upholds Tribunal order, interest @ 2% p.m. leviable u/s 12(1-B) for short payment of tax inapplicable against final assessment order passed u/s 12(3) of Karnataka Sales Tax Act; Sec 12(1-B) attract...View More

Strikes down Rule 5A(2) & Dept's power to call records for 'general audit' 

Delhi HC strikes down Rule 5A(2) of Service Tax Rules requiring production of records to audit party on demand and CBEC Circular dated January 1, 2008 pertaining to general audit, as ultra vires the F...View More