International Tax Ruling


CHA not obliged for use of goods after clearance from Customs 

No obligation cast upon Customs House Agent (CHA), once goods cleared out of customs charge; CHA not obliged to ensure that goods are used for purpose as stated in Advance Authorisation, once goods cl...View More

Remits duty on pre-clearance transit loss, Follows Indian Oil ruling 

Allows customs duty remission on genuine loss caused naturally while warehousing/re-warehousing goods pre-clearance; Rejects Revenue's contention that Sec 23 of Customs Act not applicable absent clear...View More

Mandatory time frame for input tax credit claim constitutionally valid 

HC upholds constitutional validity of Sec. 19(11) of Tamil Nadu VAT Act (Act), stipulating specific time frame of 90 days or financial year end, whichever is later, for availment of input tax credit (...View More

Testing charges reimbursement 'additional consideration', liable to excise duty 

Reimbursement of testing charges an 'additional consideration' from buyer for sale of finished goods; Testing being a condition of sale, expenses incurred either directly or by third party, includible...View More

Publicity and advertisement expense reimbursement to dealers 'non-routine' , excise not applicable 

Reimbursement of publicity and advertisement expenses to dealers 'non-routine', cannot be included in assessable value to levy excise duty; Such expenses incurred by dealer at own accord post sale, no...View More

Allows credit under reverse charge mechanism, though no taxable service rendered 

Person not providing any taxable service, but liable to pay service tax on input services under reverse charge mechanism, eligible to CENVAT credit; Such person deemed to be output service provider as...View More

'Transactional valuation' applies on related & unrelated party sales, not Rule 8 or 9 

Rule 4 of Central Excise Valuation Rules, 2000 (transactional value based rule) applicable where goods sold partly to independent buyers and partly to related persons; Rejects Revenue's contention tha...View More

Free diesel not additional consideration for service; Follows Intercontinental ruling 

Free diesel supplied by service recipient, cannot be included in gross amount charged for services rendered; Rejects Revenue's contention that total value of diesel to be treated as 'additional consid...View More

Allows simultaneous customs duty exemption under two notifications, pending final CBEC decision 

Allows simultaneous customs duty exemption under two different notifications for coal imports from Indonesia; Simultaneous duty exemption available pending final CBEC decision which is evaluating the ...View More

Pre-2004, input credit available for scrap generated during manufacturing of exempted goods 

Allows credit on inputs (i.e. plastic granules) proportionate to waste and scrap generated during manufacture of exempted final products (i.e. intravenous fluids); Since waste and scrap liable to duty...View More