International Tax Ruling


CA certificate an “authentic piece of evidence”; Allows refund of duty paid ‘under protest’ 

CESTAT Delhi allows the refund claim of the amount deposited “under protest” during the pendency of the adjudication proceedings and investigation; Rejects refund rejection by Dept. on the...View More

Mandate to submit declaration Forms under PSI, 1993 ‘prospective'; Quashes revision notices 

SC upholds Bombay HC judgment, states that the requirement to submit Form ‘C’ and ‘D’ u/s 8(4) of the Central Sales Tax Act, 1956 in order for assessee to claim exemption under...View More

Dismisses Revenue’s appeal seeking re-classification of ‘inflatable party items’ 

SC dismisses Revenue’s civil appeal challenging the ruling of CESTAT that rejected Revenue’s attempt to re-classify ‘inflatable-party-items’ under CTH 9503 00 90 as opposed to ...View More

Basis Assessee’s own case, rejects Revenue’s attempt to re-classify ‘inflatable party items’ 

CESTAT, Kolkata allows Assessee’s appeal rejecting Revenue’s attempt to re-classify ‘inflatable-party-items’ under CTH 9503 00 90 as opposed to the appropriate classification o...View More

No service by distributor to State vis-à-vis online/offline sale of lottery-tickets; Dismisses Revenue's appeal 

SC in a significant development settles the dust on constitutional validity of levy of service tax on Section 65 (105) (zzzzn) of Finance Act, 1994 [the clause] as introduced vide Finance Act, 2010 by...View More

Condones delay in filing statutory appeal; Distinguishes Single Judge's reliance on Glaxo Smith Kline 

Madras HC sets-aside order of the single judge thereby condoning the delay in appeal filed beyond the statutory outer limit prescribed under the TNVAT Act, 2006; Reversing the order of the Single Judg...View More

Parliament lacks residuary power to levy service-tax on‘lottery’; Strikes down Section 65(105)(zzzzn) 

Sikkim HC strike down section 65(105)(zzzzn) of the Finance Act, 1994,which classified the activity of “promotion, marketing, organising or in any other manner assisting in organising game of ch...View More

Drops penalty absent suppression and wilful-mis-statement, sustains interest liability for delayed payment of SAD 

CESTAT Kolkata, while dealing with a batch of appeals filed by the Assessee ,CHA, and Revenue, confirms payment of interest due to delayed payment of special-additional duty on import of raw sugar, bu...View More

Disposing imported Vehicles as ‘scrap’ not akin to sale; Allows exemption to Religious Trust 

CESTAT Kolkata holds that disposal of vehicles which were imported without payment of duty by availing the exemption benefit vide Ad-hoc Exemption Order No. 336 bearing F. No. 460/6/95-Cus.V dated Dec...View More

Following settled precedents, sustains Assessee’s classification of multimedia-speakers under CTH 8518 

CESTAT Kolkata allows Assessee’s appeal classifying imported multimedia speakers/computer speakers under CTH 851822/851829 declared by the Assessee as opposed to Revenue’s classification u...View More