Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Advance ruling proceedings under GST are limited to interpretation of the tax law and cannot conclusively determine whether a product is biodegradable or compostable as a scientific or environmental fact. The AAAR noted that the concessional rate for non-paper bags applies only where the bags are in fact biodegradable, but the certificates under the Plastic Waste Management Rules only permitted manufacture and sale subject to compliance, and the test reports relied on were not fully neutral. It therefore held that the legal position is that the concession applies if the goods are biodegradable, while the actual determination must be made by competent environmental authorities or through testing by the jurisdictional GST field formation.
Advance ruling proceedings under GST are limited to interpretation of the tax law and cannot conclusively determine whether a product is biodegradable or compostable as a scientific or environmental fact. The AAAR noted that the concessional rate for non-paper bags applies only where the bags are in fact biodegradable, but the certificates under the Plastic Waste Management Rules only permitted manufacture and sale subject to compliance, and the test reports relied on were not fully neutral. It therefore held that the legal position is that the concession applies if the goods are biodegradable, while the actual determination must be made by competent environmental authorities or through testing by the jurisdictional GST field formation.
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