International Tax Ruling


Allows DEPB shipping bill conversion into drawback, Revenue's 7 years inaction intolerable 

CESTAT allows conversion of DEPB shipping bill into Drawback shipping bill, as per Rule 12 of Drawback Rules; DEPB shipping bill requires higher amount of rigour as compared to drawback shipping bill;...View More

SAD exempt on 'stock transfer' from EOU to DTA; Distinguishes Moser Baer ruling 

Special Additional Duty (SAD) exemption granted under Notification No. 23/2003 dated March 31, 2003, on stock transfer from EOU to DTA unit; Rejects Commissioner’s findings that all such cases w...View More

No difference between "NIL" and "Free" rates, Upholds duty hike on wheat 

HC upholds customs duty hike at 50% on import of wheat in terms of Notification No. 127/99 - Cus; Sec. 8-A of Customs Tariff Act empowers Central Govt to increase rates of articles falling under First...View More

Allows relief to VW, Employee secondment not 'manpower supply' service 

No service tax attracted under 'manpower recruitment or supply agency service' (MRS service), where global employees as identified/assigned by holding/foreign company, recruited by Indian entity; Ther...View More

Compound tax payable on establishment turnover in toto, Dissection into branches unwarranted 

HC disallows proportionate reduction / splitting up of annual turnover for compounded tax computation u/s 8(f)(i) of Kerala VAT Act, 2003; Rejects assessee's plea for exclusion of previous year's turn...View More

Grants Rs. 526 Cr respite to ESPN, Receipt of channel distribution rights not import 

Grant of 'TV channel distribution rights' and sale of 'Advertisement Time inventory' by foreign based broadcasters to ESPN India and Turner India, not taxable as import of 'broadcasting agency service...View More

Refund permissible only u/s 11B, Other assessee's favourable decision not relevant 

Disallows refund claims filed beyond period of limitation u/s 11B of Excise Act on the basis of favourable decision in another assessee’s case (i.e. Indian National Ship Owners Association); Acc...View More

Captive power plant not separate undertaking under excise, IT Act not relevant 

Captive power plant in assessee’s factory to be considered as ‘part of factory’ for CENVAT credit availment, even where same treated as new industrial undertaking for Income tax purp...View More

EOU's exports before final debonding order eligible for duty relief 

No duty payable on goods exported by 100% EOU, even after granting of 'in principle' approval for debonding, but before grant of final debonding order; Goods exported under claim for Advance Authoriza...View More

Fabrication through hired labour amounts to 'manufacture' by Principal, Fabricators not 'manufacturers' 

Fabrication of trolleys and racks at assessee (Raymond Ltd)'s factory through hired fabricators amounts to 'manufacture'; Supply of all raw materials, consumables, designs and drawings by assessee ent...View More