The advance ruling held that phosphatidylserine derived from soy lecithin qualifies as a phosphoaminolipid under Heading 2923. The product was classified under CTI 2923 2090 based on its chemical structure and composition.
While following binding High Court precedent on limitation, the Tribunal quashed the assessment order. Liberty was granted to revive the matter depending on the Supreme Court’s final decision.
The Supreme Court ruled that directions to modify tax software had no nexus with the individual dispute. Relief granted to the assessee under Section 205 was left undisturbed.
The Supreme Court dismissed the SLP as withdrawn after permitting the taxpayer to pursue a statutory appeal. The ruling reinforces that GST disputes should follow the appeal route under Section 107.
Relying on settled Supreme Court precedent, the Court held that a writ petition is not maintainable where the GST Act provides a complete appellate framework. The petitioner was relegated to pursue the remedy under Section 107.
The tribunal held that a Section 9 insolvency application filed years after an arbitral award attained finality was barred by limitation. Issuing a demand notice could not revive a time-barred claim.
The court held that issuing a single GST notice for multiple tax periods is illegal. All consequential proceedings were quashed, with liberty to initiate fresh action lawfully.
The High Court set aside an ITC reversal demand after finding that no date, time, or venue for personal hearing was communicated. The ruling underscores that statutory hearing requirements must be strictly followed before confirming GST demands.
The issue was whether reassessment proceedings could continue when sanction was granted by an incorrect authority. The Court ruled that lack of approval from the designated authority vitiated the entire reassessment.
Relying on jurisdictional High Court precedent, the Tribunal ruled that penalty is unsustainable when additions are based on estimation. The decision reinforces limits on penalty in such cases.
