International Tax Ruling


Interest on tax payment default not applicable if no return filed 

Interest on default for payment of sales tax (in tax return) not chargeable if no return filed at all and consequently no tax paid thereon; Tax becomes due only after assessment as per return filed, a...View More

No inherent right of appeal to CHAs, upholds CESTAT ruling 

Upholds no right of appeal to Custom House Agent ('CHA') against Prohibition Orders under Regulation 21 of CHA Licensing Regulations; Regulations constitute “self-contained code” for licen...View More

Quashes revenue recovery proceedings against ex-directors of company 

HC quashes recovery proceedings against ex-Directors of defunct company; Directors became liable only after provision enabling recovery on company's default came into effect w.e.f April 1, 1999; Conce...View More

Allows adjustment of outstanding interest against sanctioned rebate claim 

CESTAT allows adjustment of outstanding interest dues against rebate claim sanctioned; Assessee barred from challenging the merits of an earlier dispute in a proceeding involving a different issue; Co...View More

Upholds 'transaction value' over 'captive' for excise duty on demo samples 

Goods cleared for "trial and demonstration" purposes should be valued based on transaction value for excise duty payment; Method specified under Rule 4 based on value of identical/similar goods cleare...View More

Show cause notice with 'pre-determined mindset' invalid, violates "principles of natural justice" 

HC quashes show-cause notice by invoking writ jurisdiction; Revenue issued show-cause notice with "predetermined mind" and violated principles of natural justice; Authorities showed "closed mind" at t...View More

Allows duty-relief on exempt product made from by-products of dutiable goods 

HC rejects Revenue's appeal seeking 8% excise duty demand on "exempt" product (Bio-compost fertilizer) made from 2 by-products; Exempt product made from by-products of dutiable final goods, can't be s...View More

Calls for more Tribunals across the country; Grants stay of demand 

HC grants stay of excise duty demand pending application for stay with appellate authorities; Union of India failed to set-up more Tribunals; Takes note of single bench of Tribunal at Bangalore coveri...View More

Reverses CESTAT ruling, Allows inputs tax credit on storage outside factory 

CENVAT credit available on input services utilized outside factory of production; Rule 3(1) must be read with broad and comprehensive meaning of ‘input service’ under Rule 2(l); Use of wor...View More

Can't deny proportionate input tax credit against bad debts on output services 

Reversal of input service tax credit not required against bad debts arising on output services; No provision in CENVAT Credit Rules to deny proportionate credit on input services utilised in providing...View More