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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Burden of proving smuggling remains with Revenue for non-notified pepper and socks, barring confiscation and penalties.
Foreign-origin black pepper and socks not notified as goods under Section 123 of the Customs Act, 1962 do not trigger a reversed burden of proof. Revenue must establish smuggling through adequate evidence before confiscation or penalties can be sustained. Failure to discharge that burden means the goods are not liable to confiscation and penalties cannot be imposed.
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Proceeds-of-crime attachment sustained where forged distribution records and absent beneficiary evidence established misuse of grant funds.
Provisional attachment under the Prevention of Money Laundering Act was sustained because the Trust failed to establish that grant-funded aids and appliances had been distributed to disabled beneficiaries. Claimed distribution camps were not held in the stated districts, official signatures in supporting records were forged, and beneficiaries denied receiving the items. Purchase invoices and bank records did not prove distribution or explain transfers to the Trust's representative. The attached movable and immovable assets and bank balances fell within the value of the misused grant and were treated as proceeds of crime or property representing their value.
AI TextQuick Glance (AI)Headnote
Supply of tangible goods classification failed where per-trip vehicle charges reflected transportation rather than renting activity.
Supply of tangible goods service applies only where tangible goods are provided for use without transferring possession and effective control. Vehicles fitted with hydrogen cylinder skids, charged on a per-trip basis, were characterised as transportation activity rather than vehicle renting. The activity was therefore not classifiable as supply of tangible goods service. It also did not satisfy the requirements for classification as goods transport agency service. Consequently, the service-tax demand raised under the supply of tangible goods service category was set aside.
AI TextQuick Glance (AI)Headnote
Statutory conciliation notices under MSMED law are not subject to premature Article 227 review, despite parallel commercial proceedings.
Statutory conciliation initiated by a Council notice under the MSMED Act does not create an adjudicatory lis, because the dispute becomes adversarial only if conciliation fails. Article 227 review of a notice requiring participation in mediation is therefore premature. A fresh mediation notice issued after withdrawal of an earlier challenge, where the Council indicated it would entertain a fresh claim, does not constitute an impermissible review. A registered supplier's statutory remedy before the Council remains independent of parallel commercial civil proceedings, which do not legally bar consideration of the supplier's claim. The mediation process may therefore continue.
AI TextQuick Glance (AI)Headnote
Conditional deposit for de novo GST adjudication requires payment of disputed tax share before remand and reply consideration.
Ex parte GST assessment was quashed and remitted for de novo adjudication, conditional on the taxpayer depositing 25% of the disputed tax after verified adjustment of any cash recovery and filing a substantiated reply. The assessment was treated as an addendum to the show-cause notice, enabling fresh determination on merits. Failure to meet the deposit or reply conditions permits recovery proceedings in accordance with law.
AI TextQuick Glance (AI)Headnote
Ex parte GST assessments may receive fresh adjudication despite valid notices, subject to tax deposit, timely reply, and supporting evidence.
Service of Form GST DRC-01A intimation and Form GST DRC-01 show-cause notice under the section 73 process established procedural regularity in an ex parte GST assessment. Fresh adjudication was nevertheless made available conditionally: the taxpayer must deposit 25% of the disputed tax in cash and submit a reply with supporting documents within the prescribed period. On compliance, the assessment would be reconsidered de novo and the bank attachment lifted.
AI TextQuick Glance (AI)Headnote
Reassessment time limits barred continuation of proceedings for an earlier assessment year under the substituted reassessment regime.
Reassessment notices issued on or after 1 April 2021 for Assessment Year 2015-16 fell outside the period available for completion under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. Consequently, the notice and consequential proceedings under the substituted reassessment framework, including the preliminary procedure and reassessment, could not continue and were required to be dropped.
AI TextQuick Glance (AI)Headnote
Restoration of default-dismissed appeals preserves a first appellate merits hearing where effective notice remains disputed.
Section 111 requires the appellate forum to regulate procedure consistently with natural justice. Its powers to dismiss a representation for default or decide it ex parte extend to appeals, and are matched by authority to set aside a default dismissal or ex parte order. Where a first appeal was validly instituted through the prescribed pre-deposit, disputed effective service of hearing notices and the absence of any apparent abandonment supported restoration. The statutory default-dismissal power therefore does not prevent a fresh first-appellate determination on merits after due hearing.
AI TextQuick Glance (AI)Headnote
Separately invoiced freight and insurance reimbursements excluded from erection and commissioning service value where no excess recovery is shown.
Service tax valuation excludes separately invoiced freight and insurance reimbursements from the taxable value of erection and commissioning services where they represent actual amounts paid and not consideration for the taxable service. Service tax remained payable on the erection and commissioning charges, while goods transport agency liability was discharged under the reverse charge mechanism. In the absence of evidence that the recoveries exceeded actual freight and insurance costs, those reimbursements were not includible in the service value.
AI TextQuick Glance (AI)Headnote
Accurate e-way bill delivery addresses remain mandatory, and tax payment does not prevent penalties for undeclared business locations.
Section 129 permits penalties for contraventions of GST law and is not limited to tax non-payment or tax-evasion cases. Rule 138 requires e-way bills to state accurate delivery particulars so that goods can be tracked. Delivery to an address that is neither the recipient's principal place of business nor a declared additional place constitutes a breach; later registration of that address does not cure it. Suppliers must verify the recipient's declared business location before generating an e-way bill. Tax payment and absence of intent to evade tax do not remove liability for the statutory contravention, and an unchallenged e-way bill may be treated as accepted.
AI TextQuick Glance (AI)Headnote
Mandatory return-filing conditions for cooperative deduction support revision when reassessment allowed relief without necessary verification.
Revisionary jurisdiction under Section 263 applies where an assessment is both erroneous and prejudicial to Revenue, including where mandatory inquiries or verification are omitted before allowing relief. Section 80AC makes timely filing of the return under Section 139(1) a condition for the relevant deduction, so allowing a Section 80P(2) claim without examining that condition may warrant revision. Examination of the deduction also falls within reassessment where the claim is directly connected with the explanation for deposits forming the basis of reopening, rather than being a wholly independent issue.
AI TextQuick Glance (AI)Headnote
Online platform subscriptions are not royalty where customers receive only access, not software rights or underlying processes.
Subscription fees paid for access to an online communication platform do not constitute royalty where customers receive only a limited, non-exclusive right to use the service and the provider retains ownership of the software, source code, copyright and intellectual-property rights. Customers must not obtain access to underlying processes or rights to modify, reproduce, exploit or own the software. Digital processes used by the provider to deliver communication, collaboration and file-sharing services are not made available to customers merely through platform access. Such receipts are business receipts and are not taxable in India without a permanent establishment.
AI TextQuick Glance (AI)Headnote
Woven textile label rolls qualify for specific tariff classification and concessional IGST treatment as label articles.
Woven man-made fibre textile rolls designed exclusively for garment labels, supplied in strips and suitable for durable printing, fall under CTI 5807 10 20 as woven labels or similar articles of man-made fibre. Their unprinted condition and cutting after import do not alter their character as labels; the specific man-made fibre entry prevails over the residual entry, subject to verification of the declared description, construction and composition at import. As articles under Heading 5807, the rolls fall within Entry 370 of Schedule I to Notification No. 09/2025-Integrated Tax (Rate) and attract IGST at 5 per cent.
AI TextQuick Glance (AI)Headnote
Bulk drug classification supports reduced IGST for APIs imported as drugs, subject to applicable nil-rate exclusions.
Bulk drugs and active pharmaceutical ingredients imported under Chapters 28 or 29 may fall within the 5% IGST entry for all drugs and medicines where they qualify as drugs under the Drugs and Cosmetics Act, including substances intended as drug components. Their use in formulation manufacture, testing, clinical research, or bioavailability and bioequivalence studies does not change that character. The phrase covering goods under any Chapter extends the entry beyond finished formulations, and the specific drugs-and-medicines description prevails over general chemical classifications. Eligibility remains subject to the relevant nil-rate exclusion for particular goods.
AI TextQuick Glance (AI)Headnote
API classification under the drugs-and-medicines entry determines concessional IGST treatment, subject to any applicable nil-rate exclusion.
Bulk drugs and active pharmaceutical ingredients (APIs) classified under Chapters 28 or 29 qualify as "all drugs and medicines" under Serial No. 226 of Schedule I to Notification No. 9/2025-Integrated Tax (Rate), including where imported for manufacture, testing, clinical trials, bioavailability, or bioequivalence studies. The term "drugs" includes substances intended as drug components, and the entry's reference to goods under Chapter 30 "or any Chapter" extends to APIs outside Chapter 30. The specific drugs-and-medicines entry prevails over general chemical entries. Such imports attract 5% IGST, unless the particular API is covered by the nil-rate exclusion under Serial No. 113 of Notification No. 10/2025-Integrated Tax (Rate).
AI TextQuick Glance (AI)Headnote
Omission of Rule 96(10) ends its application to pending export refund claims without a savings clause.
Rule 96(10) of the Central Goods and Services Tax Rules, 2017 ceased to govern pending export refund claims upon its omission because no savings or sunset clause preserved its operation. A prospective recommendation to omit the rule could not independently sustain its application after omission. Consequently, pending refund proceedings remained outside Rule 96(10), and the existing refund direction was unaffected.
AI TextQuick Glance (AI)Headnote
Internal comparables under TNMM support arm's length pricing when audited segmental accounts use rational allocation methods.
Internal comparables derived from audited segmental accounts should be preferred to external comparables under the Transactional Net Margin Method when they are available and suitable for determining the arm's length price. Reliability depends on sales being allocated using actual invoice-level data, common expenses being apportioned on a rational basis, and the allocation methodology being supported by chartered accountant certification. Where these conditions are satisfied and the supporting factual findings are not perverse, internal comparables support deletion of an upward transfer-pricing adjustment.
AI TextQuick Glance (AI)Headnote
GST reimbursement for post-GST contracts must be assessed under the applicable notification provision, not provisions confined to pre-GST contracts.
GST reimbursement under Notification No. 5050-F(Y) is governed by a temporal distinction between pre-GST and post-GST contracts. Paragraph 3(iv) applies only to contracts predating 1 July 2017, while paragraph 4 governs contracts executed after that date and qualifying ongoing projects. A post-GST reimbursement claim cannot be rejected by applying paragraph 3(iv); it must be considered under paragraph 4. Factual entitlement to reimbursement and the amount payable in an individual claim remain unaddressed.
AI TextQuick Glance (AI)Headnote
Natural justice in GST assessment requires a hearing, while statutory minimum penalties remain unless their validity is directly challenged.
GST provisions distinguish Section 74(1), which does not prescribe a minimum penalty, from Section 73(9), which does. A minor breach alone does not justify interference with the statutory minimum penalty; its validity must be directly challenged on constitutional grounds. Separately, an assessment issued without affording the taxpayer an opportunity of hearing breaches natural justice. The taxpayer must receive a reasonable opportunity to contest the tax proposals on merits, subject to remittance of the tax demand within the stipulated period, and the assessment requires fresh determination thereafter.
AI TextQuick Glance (AI)Headnote
Regular bail in alleged input tax credit fraud may rest on completed investigation, documentary evidence, and parity.
Regular bail in prosecutions alleging fraudulent availment and transfer of input tax credit through bogus firms may be supported where the accused has remained in custody, the charge-sheet has been filed, and the evidence is documentary. Parity with bail granted in similar matters, including to a comparable co-accused, supports release on bail on those recorded circumstances.

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2026 (9) TMI 1919 - AT - Service Tax

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Supply of tangible goods classification failed where per-trip vehicle charges reflected transportation rather than renting activity.
Supply of tangible goods service applies only where tangible goods are provided for use without transferring possession and effective control. Vehicles ... Summary

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Acts Income Tax