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Case Laws
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Special Additional Duty exemption disputes raise appellate forum questions, including the availability of a direct statutory appeal.
The proper appellate forum for a dispute over exemption from Special Additional Duty under Notification No. 102/2007-Cus involves the maintainability of an appeal under Section 130 of the Customs Act, 1962. The Revenue may pursue a statutory appeal directly before the Supreme Court under Section 130E in relation to the exemption dispute.
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Principal-to-principal support and software services are not intermediary supplies merely because they facilitate an overseas recipient's business.
Services supplied on a principal-to-principal basis on the supplier's own account are not intermediary services merely because they facilitate the recipient's business. Intermediaries facilitate a separate supply between other persons, with the definition read in the context of brokers and agents. Export requirements include a place of supply outside India and payment in convertible foreign exchange. Separately incorporated parent and subsidiary companies are not merely establishments of a distinct person. Place-of-supply issues fall within the GSTAT Principal Bench's jurisdiction. Refund objections must be sufficiently specified in the notice, and appellate findings must be reasoned; rejection beyond the notice violates natural justice. Qualifying service exports may attract refunds of unutilised input tax credit with statutory interest.
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Railway works contract tax concession requires proof of construction involving immovable property and a composite supply
Railway construction services qualify for the concessional 12% GST rate under entry 3(v)(a) of Notification No. 11/2017-Central Tax (Rate), as amended, only if the supplier establishes a composite works contract involving construction relating to immovable property. General construction descriptions in invoices, without structural proof or billing breakups, did not establish the claimed classification. The services therefore attracted 18% GST instead of the concessional rate.
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Delayed GST refund interest cannot be denied solely for full payment through the electronic credit ledger and subsequent re-credit.
Section 56 provides for interest when an eligible refund is not made within sixty days of receipt of the refund application. Interest cannot be denied solely because the disputed demand was paid through the electronic credit ledger and subsequently re-credited; the debited input tax credit remains unavailable until restored. Section 107 prescribes a minimum pre-deposit and stays recovery of the balance, but does not prohibit payment of the full demand or treat it as a waiver of refund or interest rights. Full payment does not, by itself, extinguish the interest claim.
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Suppressed turnover assessments require entry-wise verification and reasoned computation, while missing invoices alone do not establish suppression.
Determination of suppressed taxable turnover from seized records requires identification and examination of disputed entries, reconciliation with books and returns, and a transparent, evidence-based computation. Non-production of invoices during the initial investigation does not by itself establish suppression; invoices produced later require verification against diaries, books and returns. A speaking order must record the evidence, explanations and reasons supporting the determination. Inadequate entry-wise analysis and unexplained computations undermine determinations of suppressed turnover and consequential tax and penalty liability.
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Customs broker licence suspension requires demonstrated urgency when authorities delay action on an offence report pending inquiry.
Immediate suspension of a customs broker's licence pending inquiry under Regulation 16 of the Customs Brokers Licensing Regulations, 2018 requires a demonstrated need for urgent action. Suspension cannot be sustained where the licensing authority delays acting on an offence report and identifies no subsequent information establishing urgency. Regulation 17 governs disciplinary proceedings, while separate action to revoke the licence remains subject to the applicable procedure and timelines.
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Co-transporting tea and contraband does not by itself establish concealment or justify penalties on the owner and transporter.
Confiscation under section 119 of the Customs Act, 1962 requires evidence that goods were used to conceal confiscable goods; transporting tea and contraband in the same vehicle is not sufficient by itself. The tea was in the vehicle's rear, while the contraband was recovered from the driver's cabin. Penalties under section 114 require cogent evidence linking the owner or transporter to the alleged contraband activity. The driver's statement and call records did not implicate them, and defects in transport documents did not establish their involvement.
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Borrower debt acknowledgments can extend limitation against a guarantor when the guarantee makes those acknowledgments binding.
A borrower's written acknowledgment of subsisting debt before expiry of the limitation period starts a fresh period and can bind a guarantor where the guarantee so provides. Rejection of a settlement proposal does not itself negate an acknowledgment. A continuing guarantee may preserve the guarantor's obligations despite changes to loan or security documents; resignation as director or revised credit facilities do not alone establish novation or release. Disputed signatures on later documents do not automatically prevent summary insolvency proceedings where admitted earlier guarantees independently establish debt and default. Non-enforcement of collateral does not discharge a guarantor without proof of the relevant conditions, such as impairment of security or release of the principal debtor.
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Security deposit appropriation dates may be verified through a limited forensic audit when creditors provide conflicting insolvency-related timelines.
A limited forensic audit may verify when a creditor appropriated a corporate debtor's security deposit if the creditor provides conflicting dates relevant to the insolvency resolution process. Verification may cover relevant accounting records and electronic data, with the audit confined to establishing the actual date of appropriation. The timing is material where the conflicting dates place appropriation either before the insolvency resolution process commenced or during the moratorium.
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Fraudulent concealment in insolvency filings can lead to recall despite creditor committee approval and later party consent.
Fraudulent or malicious initiation of insolvency proceedings for a purpose other than bona fide resolution may warrant recall of admission, termination of the process and a penalty. Material liabilities must be disclosed at initiation; a later creditor claim cannot cure deliberate concealment. Initiation requires valid corporate authorisation, and section 176 of the Companies Act does not protect acts performed after the company knew an appointment had terminated. A resolution plan becomes binding only upon approval by the adjudicating authority; committee approval and later party consent cannot sustain a process tainted by fraud at initiation. Earlier non-joinder of a resolution applicant does not prevent recall where the applicant is fully heard on appeal and suffers no prejudice.

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2025 (7) TMI 1014 - AT - Customs

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Customs penalty for non-genuine pre-shipment inspection certificate sustained, but reduced on the facts
A defective or non-genuine pre-shipment inspection certificate used for customs clearance of metal scrap can attract penalty under Section 112(a) of the ... Summary

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Acts Income Tax