Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
CENVAT Credit - place of removal for the GTA Services provided under a F.O.R sale contract - The High Court determined that in an F.O.R sale, where ownership remains with the seller until delivery at the buyer's premises, the place of removal should be considered the buyer's premises. This interpretation was supported by relevant Supreme Court decisions and a circular issued by the CBIC. The Tribunal's decision to consider the factory gate as the place of removal was deemed unjustified. - The High Court concluded that the appellant is indeed eligible for CENVAT credit on outward transportation beyond the place of removal.
CENVAT Credit - place of removal for the GTA Services provided under a F.O.R sale contract - The High Court determined that in an F.O.R sale, where ownership remains with the seller until delivery at the buyer's premises, the place of removal should be considered the buyer's premises. This interpretation was supported by relevant Supreme Court decisions and a circular issued by the CBIC. The Tribunal's decision to consider the factory gate as the place of removal was deemed unjustified. - The High Court concluded that the appellant is indeed eligible for CENVAT credit on outward transportation beyond the place of removal.
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