Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Transfer of MHADA-reserved flats after the occupancy certificate was held taxable as works contract service, not a GST-exempt sale of immovable property. The post-completion exclusion did not apply because the applicant had undertaken a binding pre-approval obligation to construct and transfer the earmarked flats, and received additional FSI as non-monetary consideration in return. Since GST consideration includes non-cash benefits, the supply was not wholly post-occupancy and remained within Schedule II. For valuation, the Authority held that the price paid by MHADA allottees was not the sole consideration and that the MHADA-administered rate was not open market value. GST value had to be based on comparable flats sold to non-MHADA buyers in the same project.
Transfer of MHADA-reserved flats after the occupancy certificate was held taxable as works contract service, not a GST-exempt sale of immovable property. The post-completion exclusion did not apply because the applicant had undertaken a binding pre-approval obligation to construct and transfer the earmarked flats, and received additional FSI as non-monetary consideration in return. Since GST consideration includes non-cash benefits, the supply was not wholly post-occupancy and remained within Schedule II. For valuation, the Authority held that the price paid by MHADA allottees was not the sole consideration and that the MHADA-administered rate was not open market value. GST value had to be based on comparable flats sold to non-MHADA buyers in the same project.
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