The Supreme Court dismissed the appeal after noting the importer had a valid licence during adjudication. The Court left open the unresolved question of whether Customs can confiscate goods after they exit the port.
CESTAT Mumbai held that confiscation and differential duty based on Air Cargo Complex imports and post parcel valuation were without legal authority. The order imposing penalties and confiscation was set aside.
The Court invalidated the assessment order after finding that it was issued within a week of notice and without meaningful opportunity of hearing.
The Court held that the assessment order was invalid because no hearing date was communicated after 06.11.2023, resulting in an ex-parte order. The matter was remanded for fresh proceedings.
The High Court dismissed the writ petition challenging ITC demands, noting that an alternative statutory remedy under Section 107 of the CGST Act is available and must be pursued.
The Court set aside the penalty imposed for expired e-way bill, holding that proceedings under Section 129 require proof of intent to evade tax, which was absent.
In a landmark ruling, the SC clarified that an assessee in default cannot be made to pay tax already discharged by the recipient, reaffirming Circular No. 275/201/95-IT(B).
The Gujarat AAR clarified that Metalized Yarn and Metallic Yarn are classified under HSN 56050020 as imitation zari. Supplies from metallized polyester/plastic films attract a 5% GST rate, effective from 27.07.2023. Refunds on input materials like polyester film are not permitted.
The ruling clarifies that imitation zari made from metallised polyester or plastic film falls under HSN 56050020 and is taxable at 5%. It confirms eligibility under Entry 218AA and Entry 353 across different notification periods.
The Gujarat Authority for Advance Ruling ruled that questions on receiving non-voting, irredeemable preference shares as export consideration are outside Section 97(2) of the CGST Act, leaving GST liability unresolved.
