International Tax Ruling


Allows SSI exemption on intermediate goods, Subsequent exclusionary clause not retrospective 

HC upholds CESTAT order, allowing deemed exemption benefit to SSI units on intermediate goods, for computing aggregate value of clearance, under Notification No. 16/97-CE; As per para 3(c) of Notifica...View More

Absent sale, differential CVD credit admissible against BoE, not supplementary invoice 

CESTAT allows capital goods credit of differential countervailing duty (CVD) paid, subsequent to revision of import rates; Rejects Revenue’s contention that since differential duty was paid unde...View More

Allows suo moto re-credit of CENVAT credit reversed earlier; Section 11B inapplicable 

HC allows suo-moto re-credit of CENVAT credit reversed earlier, where no refund claim filed u/s 11B of Central Excise Act, 1944 (Act); Present case not a case of refund of duty falling u/s 11B of Act,...View More

After Chennai CESTAT, Delhi allows CENVAT Credit refund before registration 

Refund of accumulated CENVAT credit taken prior to obtaining registration permissible under Rule 5 of CENVAT Credit Rules, 2004; Relies on Karnataka HC ruling in mPortal Wireless Solutions India Pvt L...View More

Interprets exemption Notification; Supply to Indian Navy must be direct, not intermediate 

CESTAT denies excise duty exemption to Hindustan Petroleum under Notification No. 64/95-CE; Interprets said Notification, supply of goods to Indian Navy / Coast Guard as ‘stores’ for on-bo...View More

Duty not separately indicated in invoice; Refund claim hit by unjust enrichment 

Assessee’s refund claim hit by bar of 'unjust enrichment' as total incidence of customs duty passed on to buyer of goods, absent indication of any separate duty element in invoice; Accepts Reven...View More

Allows SAD refund on exempt goods, No re-assessment of BoE; Distinguishes SC ruling 

CESTAT allows refund under Notification No. 102/2007 - Cus of Special Additional Duty (SAD) paid on goods otherwise exempt under Notification No. 29/2010 - Cus; Unlike Sec 5A of Central Excise Act, no...View More

Lays emphasis on transactional documents; Providing mere 'table space' not BAS

Mere providing table space by automotive dealers to banks/financial institutions would not per se amount to “Business Auxiliary Service” (BAS); Where mere space is provided at dealer&rsquo...View More

Concurs with G.D. Builders ratio; Upholds service tax levy pre-2007 on composite contract  

Delhi HC dismisses writ petition challenging validity of service tax levy on works / composite contracts prior to June 1, 2007; No encroachment by Parliament on exclusive powers of State Legislature, ...View More

Absent speaking order on BoE assessment, Sec 128 appeal not "efficacious alternate remedy" 

HC sets aside ex-parte final assessment of 'Bills of Entry' (BoE), being violative of principles of natural justice; Rejects Revenue’s contention that only Sec 17(5) of Customs Act contemplates ...View More