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Custom Writ Petition Dismissed Over Misclassification Allegation & Goods Seizure

December 12, 2025 447 Views 0 comment Print

The Court upheld the customs officer’s reasonable belief for seizing goods over alleged misclassification and found the challenge premature due to pending statutory proceedings. The ruling confirms that classification disputes must be resolved through adjudication under the Customs Act.

Release of Property Cannot Be Denied Without Confirming ED’s Attachment List

December 12, 2025 669 Views 0 comment Print

The appeal highlighted that the flat sought to be released did not appear in the ED’s list of attached properties. The Tribunal found that the adjudicating authority should have independently verified this fact instead of shifting responsibility to the financial creditor. It set aside the impugned order and directed a fresh decision based on a complete examination of records.

Section 68 Share Premium Addition Remitted as Evidence Was Not Examined

December 12, 2025 312 Views 0 comment Print

Tribunal remanded the case after finding that documentary evidence submitted during assessment was not examined. The matter is sent back for fresh evaluation with an opportunity of hearing.

Coffee Premix Not Taxable as Beverage Powder Because of Specific Entry: Bombay HC

December 12, 2025 732 Views 0 comment Print

The Court held that the premix, understood popularly as instant coffee, must be classified under the specific entry for coffee rather than the general entry for beverage powders. The ruling affirms that common usage prevails over ingredient percentages.

Gujarat HC Upholds Exemption for Pre-Laminated Bagasse Board Citing Precedent

December 12, 2025 300 Views 0 comment Print

The Court dismissed the appeal because the issue had already been decided in an earlier judgment. It held that the previous ruling granting exemption remained binding and unchanged.

Delhi HC Refuses Stay Interference Due to Delay and Non-Compliance

December 12, 2025 456 Views 0 comment Print

Court upholds ITAT’s refusal to stay tax recovery, citing the petitioner’s prolonged inaction and failure to meet conditions. Key takeaway: procedural lapses undermined the stay request.

GST Exemption Limited to Manpower-Based Municipal Services: AAR West Bengal

December 12, 2025 1338 Views 0 comment Print

The ruling held that only manpower-based municipal activities qualify as pure services eligible for GST exemption. Operation and maintenance of machinery involving goods do not qualify unless goods constitute less than 25% of the value.

Essential Hospital Support Services Held GST-Exempt for Meeting “Pure Service” Criteria

December 12, 2025 759 Views 0 comment Print

The ruling holds that providing security and scavenging services to government hospitals qualifies as pure services linked to constitutional public health functions. The authority found all conditions of Notification 12/2017 satisfied, resulting in GST exemption.

Non-profit Section 8 company is Body Corporate for GST: AAR West Bengal

December 12, 2025 786 Views 0 comment Print

The AAR rules that a non-profit Section 8 company supplying sponsorship services qualifies as a “body corporate,” making GST payable on a forward charge basis.

Homoeopathic Medicines: HSN Classification and GST Rate Clarified

December 12, 2025 1050 Views 0 comment Print

The AAR ruled that medicaments prepared exclusively as per authoritative pharmacopoeia formulas attract 2.5% CGST + 2.5% SGST. Single-constituent products are classified under entry 234, while multi-constituent products are classified under entries 233 or 234 based on retail packaging.

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