International Tax Ruling


Retail Sale Price Determination Rules 'retrospective'; Switchgear products assessable u/s 4A pre-March 2008 

CESTAT Third Member confirms excise duty assessment of switchgear products (Heading 85.36) u/s 4A of Central Excise Act, i.e. as per ‘retail price’ instead of Sec 4 (transaction value), pr...View More

Banner advertising on website not 'BAS' pre-May 2006; Revenue's appeal meritless 

Banner advertising on e-Bay website taxable only under “Sale of advertising space and time service” w.e.f May 1, 2006, not “Business Auxiliary Services” (BAS); Since advertisin...View More

Reverses HC order; Denies 75% exemption applying 'special law overrides general' maxim 

SC reverses HC order, denies benefit of 75% tax exemption to cement company as ‘Prestigious unit’ under Rajasthan’s “Sales Tax New Incentive Scheme for Industries, 1989”;...View More

Separately shown stevedoring, loading, transportation charges deductible from turnover; TN tax inapplicable

HC upholds Tribunal’s order, cost of empty bags, stevedoring, clearing, forwarding, loading / unloading charges and transport costs shown separately in invoice, not liable to sales tax; Such cha...View More

Rule 18 rebate claim sans ARE-1 copies allowable; Govt. to decide afresh 

HC sets aside Govt of India’s (GoI) revision order, rebate under Rule 18 of Central Excise Rules may be claimed absent original & duplicate copies of ARE-1; Both, GoI and Revenue failed to c...View More

Dismisses writ; VAT registration mandatory for State Govt's tax remission, TDS irrelevant 

HC dismisses writ, VAT registration mandatory for tax remission by State Govt u/s 41(1) of Gujarat VAT Act, 2003; Registration being statutory requirement, tax deducted at source by contractee has no ...View More

Sets aside Tribunal order; Statutory penalty cannot be reduced absent jurisdiction 

HC sets aside Tribunal’s order reducing penalty imposed u/s 114A of Customs Act, absent jurisdiction; Neither the authorities, nor Tribunal, nor HC vested with discretion to reduce penalty presc...View More

Allows writ; Undue delay in judgment delivery after hearing prejudicial to litigant 

HC sets aside Adjudicating Authority's order passed after 9 months from conclusion of personal hearing, being prejudicial to assessee; Central Excise Authorities obligated to dispose off proceedings e...View More

Supply of mobile SIMs amounts to 'service', not 'sale'; Applies BSNL ratio

Service tax and not sales tax, applicable on supply of SIM cards to mobile subscribers; SIM card value includible in activation charges since no activation possible without valid functioning of SIM ca...View More

Terminal excise refund available against "Deemed Exports"; CENVAT refund an independent regime 

Supply of goods to Export Oriented Unit qualifies as 'deemed export', Terminal Excise Duty (TED) refund available as per Para 8.3 r/w Para 8.4 of FTP 2009-14; Such refund covered by second part of par...View More