International Tax Ruling


No penalty on co-noticees if proceedings concluded against manufacturer/assessee 

Upholds Appellate Commissioner's order dropping penal proceedings against co-noticees on conclusion of proceedings against manufacturer/assessee; Words "other persons" appearing in proviso to Sec. 11A...View More

No interest & penalty on credit wrongly availed but not utilized, pre-2012

No Interest payable for CENVAT credit wrongly availed, which stands reversed, before utilization; Credit reversed before removal, remains only a book entry, as no benefit taken thereof; Relies on rati...View More

Urges lower authorities to follow Tribunal judgments, binding Board circulars 

Proportionate reversal of credit not required for subsequent reduction in value of goods though discount; Relies on Board Circular dated November 17, 2008 and coordinate bench rulings on the settled m...View More

Grants excise duty exemption on goods supplied to contractors for UN projects 

Grants excise duty exemption on supply of goods to Govt of India approved projects, financed by UN or International Organisation; Supply of goods to contractors instead of Project Implementing Authori...View More

Upholds interest for violation of post importation conditions after availing concessions 

Rejects assessee’s contention that, no interest can be levied u/s 28AB, for violation of post importation condition; Interest payable under Rule 8 of Customs (Import of Goods at Concessional Rat...View More

No Cenvat Credit on Electricity supplied outside factory of production 

The expression "used in or in relation to the manufacture of final product" in the definition of 'inputs' to be read in its entirety; Functional utility of goods relevant for determining what constitu...View More

Strikes down levy of service tax on AC restaurants & hotels 

Levy of service tax in relation to serving of food and beverages by restaurants, hotels, inns, guest-house, clubs or camp-sites under Sec 65(105)(zzzzv) & (zzzzw) of Finance Act, unconstitutional;...View More

Regulation 8(5) of CHALR not discriminatory; Temporary licence-holders & fresh applicants distinct 

Holds temporary licence-holders under Customs House Agents Licensing Regulations (CHALR), 1984 distinct from new applicants applying for licence under the 2004 Regulations; Requirement of qualifying t...View More

Denies credit of stock broker services; No nexus with company's main object 

Denies credit of service tax paid on stock broker services for sale of shares; Rejects assessee's contention that sale proceeds invested in business activities, hence relatable to manufacture and supp...View More

Credit reversal mandatory on transfer of inputs from DTA to SEZ

Reversal of credit under Rule 3(5) of CENVAT Credit Rules mandatory on transfer of inputs from DTA to SEZ; Holds CENVAT Credit Rules a complete code that does not envisage 'export' of inputs after tak...View More