International Tax Ruling


DEPB credit being 'goods', transferable inter-state against Form C; Sets aside re-assessment 

HC allows assessee’s writ petition, Duty Entitlement Pass Book (DEPB) credit transferable inter-state at a concessional rate against 'Form C'; SC in Yasha Overseas case held that DEPB credit is ...View More

Input credit balance before opting excise duty exemption utilizable against output ST 

CESTAT allows credit of inputs lying in CENVAT credit account against payment of tax on commission agent services taxable as Business Auxiliary Service (BAS); Assessee opted for exemption notification...View More

Input credit refund unavailable when export rebate claimed; Distinguishes 'Indo Dane' ruling 

CESTAT upholds denial of unutilised input credit refund against export of electric cars under Rule 5 of CENVAT Credit Rules r/w Notification No. 11/2002-CE(NT); Rule 5 bars refund when manufacturer / ...View More

Running factory canteen a "business"; Food / beverage supply to employees constitutes 'sale' 

Supply of food and beverages at subsidised rates at factory canteen constitutes ‘sale’ u/s 2(29) of Karnataka VAT Act; Amount collected by assessee from employees and guests, though on &ls...View More

Pre May 2001, Sec 11AB interest not payable absent fraud 

CESTAT sets aside levy of interest u/s 11AB of Central Excise pre May 11, 2001, despite fact that demand confirmed by invoking extended period; Prior to May 11, 2001, interest u/s 11AB applicable only...View More

City transport corporation providing buses on contractual basis not 'rent-a-cab' service 

Bangalore Metropolitan Transport Corporation (BMTC) providing bus transportation facility on contractual basis to factories, schools and colleges not taxable as ‘rent-a-cab’ service u/s 65...View More

Trade discount through credit notes after sale completion remains taxable 

HC disallows deduction of trade discount passed by way of credit notes at month end after completion of sale, from taxable income under Karnataka VAT Act; Tribunal order excluding such discount errone...View More

Tax non-remittance a 'non-technical' offence; Financial stringency irrelevant for penalty imposition 

HC upholds penalty u/s 45A of Kerala General Sales Tax Act (KGST Act) for non-filing of returns and non-payment of tax dues within due date; Non-remittance of tax due under the Act & Rules an offe...View More

Denies input credit on fertilizers, pesticides used in tea/coffee cultivation 

HC upholds Single Judge order, denies input tax credit (ITC) w.r.t. fertilizers, pesticides, agricultural implements, used for growing/cultivation of tea/coffee plants, against manufacture and sale of...View More

User documentation charges relating to goods supplied forms part of assessable value 

CESTAT allows excise duty exemption under Notification No. 64/95-CE on supply of platforms and missiles made by assessee to Indian Navy; Such missiles required for use/construction of warships, since ...View More