Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
GST tariff classification of tobacco processed only by sprinkling jaggery water, without flavours or other additives, turned on the settled manufacture test: if the activity does not create a new product with a distinct name, character or use, the product remains unmanufactured tobacco. Following the earlier Division Bench and Pachiappa Chettiar, the Court treated the issue as identical, held the departmental reclassification unsustainable, and set aside the consequential demand, interest and penalty. The product was held classifiable under CETH 2401 20 90 so long as the process remains confined to that limited treatment.
GST tariff classification of tobacco processed only by sprinkling jaggery water, without flavours or other additives, turned on the settled manufacture test: if the activity does not create a new product with a distinct name, character or use, the product remains unmanufactured tobacco. Following the earlier Division Bench and Pachiappa Chettiar, the Court treated the issue as identical, held the departmental reclassification unsustainable, and set aside the consequential demand, interest and penalty. The product was held classifiable under CETH 2401 20 90 so long as the process remains confined to that limited treatment.
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