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Judiciary

5% GST Applicable on Transport of Empty Containers by Rail: AAR Gujarat

December 4, 2025 762 Views 0 comment Print

The ruling clarifies that moving empty containers by rail falls under the general rail transport category and is taxable at 5%. The key takeaway is that empty containers are treated as goods, not containerized cargo.

ITC Not Allowed on IGST Paid via Pre-Consultation Letter/TR-6 Challan: AAR Gujarat

December 4, 2025 1566 Views 0 comment Print

The ruling holds that ITC cannot be claimed on IGST paid through a pre-consultation letter and TR-6 challan, as these are not valid documents under GST rules. The key takeaway is that reassessment of the Bill of Entry is required for ITC eligibility.

18% GST Applicable on Waste-Processing Machinery Supplied to Municipality: AAR Gujarat

December 4, 2025 516 Views 0 comment Print

The ruling held that machinery supplied for waste processing did not qualify as pure or composite services under Notification 12/2017. GST was therefore applicable on the full supply.

PVC Raincoats Classified Under Plastics: GST Rate Confirmed at 18%: AAR Gujarat

December 4, 2025 627 Views 0 comment Print

Gujarat AAR rules that PVC/plastic raincoats are articles of plastics under HSN 3926, not textile apparel, confirming GST at 18%. This clarifies classification amid market confusion.

Salary to Seconded Employees Is Not FTS – ITAT Delhi Deletes ₹10.76 Cr Addition in Toshiba Case

December 4, 2025 498 Views 0 comment Print

ITAT Delhi held that reimbursements for seconded employees’ salaries cannot be taxed as technical services, as a genuine employer-employee relationship existed with Indian entities. The ruling confirms that taxed salary payments cannot be recharacterized as FTS.

Section 11 Exemption Cannot Be Denied for Late Form 10B – Delay Held Procedural

December 4, 2025 507 Views 0 comment Print

ITAT Kolkata ruled that belated filing of Form 10B is only a technical defect and cannot justify denial of charitable exemption. The Tribunal restored Section 11 benefits after confirming compliance in substance.

HC Upholds GST Registration Cancellation for Fake Rent Documents & Non-Existent Business

December 4, 2025 915 Views 0 comment Print

The Court upheld cancellation after officials found forged rental agreements and no business activity at the declared premises. The ruling confirms that GST registration obtained through fraudulent documents cannot be sustained.

No Hearing, No Justice: ITAT Remands 143(3) Appeal for Fresh Disposal

December 4, 2025 777 Views 0 comment Print

ITAT held that the appellate order passed without hearing the assessee violated natural justice. The case was remanded with directions to provide proper opportunities.

Deposit Condition Removed Because Additions Already Decided in Assessee’s Favour

December 4, 2025 303 Views 0 comment Print

Court held that directing a ₹5-crore deposit was unwarranted since the disputed issues had been consistently decided in favour of the assessee. The order was set aside.

Customs Demand Set Aside Because Electronic Evidence Lacked Mandatory Certificate

December 4, 2025 591 Views 0 comment Print

The Tribunal ruled that electronic records used to allege undervaluation were inadmissible due to non-compliance with Section 138C. As the main evidence failed, duty demand and penalties were quashed.

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