International Tax Ruling


Interprets Sec 125, Rejects redemption fine enhancement absent higher profit margin

CESTAT rejects redemption fine enhancement subsequent to clearance of imported goods, absent evidence of higher Margin of Profit (MoP) on imports; As per Sec 125 of Customs Act, redemption fine cannot...View More

Liquidated damages not includible in transaction value; Concurs with United Telecom ruling 

CESTAT Larger Bench upholds non-inclusion of liquidated damages in transaction value of goods on delay in supply, as per terms of agreement; Interprets Sec 4 of Central Excise Act, subsequent reductio...View More

Interprets Rule 10, can't deny CENVAT credit for mere name change 

Mere change in company name without change in ownership, not ground to deny CENVAT credit to new unit; Rejects Revenue’s contention that assessee failed to obtain satisfaction of Asst. Commissio...View More

Rejects liberal construction to exemption condition violation; Overrules HC judgment allowing relief 

SC reverses P&H HC ruling allowing clubbing of industrial units to avail tax exemption under Rule 28A of Haryana General Sales Tax Rules; Rule stipulates payment of availed tax benefit with intere...View More

Inter-unit transfer by EOU to DTA exempt from SAD, 'Moser Baer' ratio inapplicable 

CESTAT allows SAD exemption on inter-unit transfer of final goods from EOU to DTA; Such stock transfer cannot be construed as ‘exempt sale’, for SAD levy under Notification No. 23/2003 - C...View More

Entry tax rebate not automatic; Overrules Single Judge ruling 

Kerala HC's Division Bench overrules Single Judge ruling; Disallows rebate of entry tax paid on capital goods ineligible from input tax credit (ITC) availment under Kerala VAT Act, 2003; Mere payment ...View More

Rejects writ against bank guarantee encashment citing lack of jurisdiction 

Bombay HC refuses to entertain writ petition under Art 226 against bank guarantee encashment, citing lack of jurisdiction; Mere location of bank within territorial jurisdiction of present Court cannot...View More

Intermediate product different from 'inputs'; Allows credit of duty paid by job-worker 

CESTAT allows CENVAT credit of duty-paid intermediate products received from job-worker within 180 days; Rejects Revenue’s contention that non-reversal of input credit during clearance for job-w...View More

CESTAT lays down law on 'place of removal' for CENVAT & GTA credit 

CESTAT lays down law on CENVAT credit availability of input service tax paid on Goods Transport Agency (GTA) services post April 1, 2008; Only where ad-valorem duty chargeable on value determined u/s ...View More

Waives pre-deposit; Laying paver blocks at port non-taxable 'commercial construction' service 

Laying of paver blocks at port area, a 'commercial construction service', not liable to service tax; Rejects Revenue's contention that since activity sub-contracted to assessee, tax payable under 'Bus...View More