International Tax Ruling


Larger bench upholds interest liability u/s 11AB for period before 2001 amendment 

Interest under provisions of un-amended Sec. 11AB of the Central Excise Act, 1944, applicable even prior to date of amendment (i.e. May 11, 2001); Amendment by Finance Act, 2001, effective from May 11...View More

State levy on rectified spirit imports under garb of regulatory measure unconstitutional 

Quashes levy of fees on import of rectified spirit unfit for human consumption; Holds levy beyond State’s / Board of Revenue’s (BoR) legislative competence / rule making power; In substanc...View More

Date of application, not order relevant for interest on duty refund 

Holds interest on refund of duty available on expiry of 3 months from date of receipt of application and not from the date of passing of order/payment of duty ; Rejects assessee's contention that inte...View More

Allows credit of underground cables for internal communication; Distinguishes SC's Maruti Ruling 

Allows MODVAT credit under Rule 57AA of erstwhile Central Excise Rules, 1944, on underground telephone cables used for communication within factory of manufacturer; Such goods falling under Chapter 85...View More

Allows reversal of CENVAT credit against adjustment of pre-deposit liability 

Allows reversal of CENVAT credit, against discharge of liability towards pre-deposit u/s 35F of Central Excise Act, 1944; Holds Rule 3(1) of CENVAT Credit Rules, 2004 is not a provision which restrict...View More

Revenue can't combine supply & construction contracts, Relies on Mahindra ruling 

Absent evidence, two separate contracts for supply and construction cannot be held as artificially bifurcated to escape service tax liability under Works Contract Composition Scheme; Sets aside Adjudi...View More

Follows Mafatlal ratio; Duty paid during 'appeal pendency' deemed as under 'protest' 

Duty paid during pendency of appeal proceedings for an earlier period, deemed as "paid under protest"; Limitation period as prescribed under Sec. 11B of Central Excise Act, 1944 not attracted to such ...View More

Revenue's perseverance of "irrelevant legal principles" for paltry demand colossal time waste 

Rejects Revenue's demand for paltry sum of differential excise duty as colossal waste of time of judiciary by pressing irrelevant legal principles; However, accepts Revenue's reliance on Madras HC in ...View More

Settlement Commission can pass orders on matters referred in Commissioner's report 

Settlement Commission entitled to pass orders not only in relation to matters covered by settlement application but also referred in Commissioner's report; Rejects Revenue's contention that Settlement...View More

Quashes CBEC Instruction levying ST on Flying Training Institute 

HC quashes CBEC Instruction dated May 11, 2011 as contrary to provisions of Finance Act and Notification dated April 25, 2011; Holds institutes providing training for 'Commercial Pilot License' and 'B...View More