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Archive: March, 2026

Posts in March, 2026

Intimation Requirement Under Rule 6(3A) Is Procedural, Not Mandatory: CESTAT Ahmedabad

March 20, 2026 156 Views 0 comment Print

The Tribunal held that failure to intimate the Superintendent under Rule 6(3A) does not invalidate proportionate credit reversal. It clarified that such intimation is procedural and not a substantive condition.

Clerical Mistakes in GST Returns Not a Valid Reason to Deny Export Refunds: SC

March 20, 2026 2940 Views 0 comment Print

The SC declined to interfere with the High Courts order granting IGST refund despite return filing error. It upheld that refund cannot be denied when export and tax payment are undisputed.

Gujarat HC Allowed IGST Refund Despite GSTR-1 Error as Export & Payment Proven

March 20, 2026 582 Views 0 comment Print

The Court held that refund cannot be denied due to clerical errors in GST returns when export and IGST payment are undisputed. It directed refund with interest under Rule 96.

Goods Without E-Way Bill & Invoice from Suspended Supplier Justify Detention and Penalty

March 20, 2026 1278 Views 0 comment Print

The High Court held that goods transported without an e-way bill and supported by an invalid invoice from a suspended supplier cannot be released. The absence of valid documents justified detention and penalty.

No Service Tax on Storage Tank Charges as Control Lies with Customer: CESTAT Chennai

March 20, 2026 174 Views 0 comment Print

The Tribunal found that effective control and possession of tanks rested with customers, excluding the transaction from supply of tangible goods service. The demand was set aside accordingly.

Giving Accused Option to Be Searched Before Police Officer Violates Sec 50 NDPS Act: SC

March 20, 2026 294 Views 0 comment Print

The Court upheld acquittal after finding that the accused was given an impermissible third option during search. It ruled that non-compliance with Section 50 vitiated the trial and made recovery unreliable.

Jharkhand HC Dismissed Appeals Due to Low Tax Effect & Settled Central Excise Rule 8(3A) Validity

March 20, 2026 177 Views 0 comment Print

The Court addressed whether appeals could proceed despite low tax effect. It held that since Rule 8(3A) was already struck down and not in issue, appeals were not maintainable.

IGST at 5% Applicable on Bulk Drug Imports as APIs Qualify as ‘Drugs’: CAAR Mumbai

March 20, 2026 780 Views 0 comment Print

The authority held that bulk drugs, including APIs, fall within the definition of drugs under applicable laws. Consequently, IGST at 5% applies under the specific rate notification.

Technical Grade Chemicals Classifiable as Insecticides Due to Preparatory Nature: CAAR Mumbai

March 20, 2026 309 Views 0 comment Print

In re FMC India Private Limited (CAAR Mumbai) The Customs Authority for Advance Rulings (CAAR), Mumbai, examined an application filed by FMC India Private Limited seeking classification of two chemicals—Carbosulfan Technical and Clomazone Technical—under the Customs Tariff Act, 1975, following amendments introduced by the Finance Act, 2025. The applicant contended that these chemicals, being separate […]

CAAR Denied Advance Ruling Due to Pending HC Case on EV Parts Classification Issue

March 20, 2026 252 Views 0 comment Print

The issue involved classification of EV parts under customs tariff. The Authority refused to issue a ruling as a similar matter was already pending before the High Court, rendering the application non-maintainable.

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