Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Recovery of cost recovery charges under Handling of Cargo in Customs Areas Regulations, 2009 is not sustainable due to lack of statutory mechanism and prescribed rates/manner by Government of India. The Commissioner lacks jurisdiction and authority to recover such charges in absence of specified rates and manner as mandated by Regulation 6(1)(o). Reliance placed on judgments holding that cost recovery charges cannot be demanded without specified rates and manner. Provision of cost recovery charges held ultra vires by Telangana High Court on ground of lack of power u/s 157 of Customs Act, 1962. Revenue's appeal dismissed as recovery itself is without jurisdiction. Commissioner rightly did not confirm charges related to House Rent Allowance and Transport Allowance as assessee provided accommodation and transport facility. Assessee's appeal allowed.
Recovery of cost recovery charges under Handling of Cargo in Customs Areas Regulations, 2009 is not sustainable due to lack of statutory mechanism and prescribed rates/manner by Government of India. The Commissioner lacks jurisdiction and authority to recover such charges in absence of specified rates and manner as mandated by Regulation 6(1)(o). Reliance placed on judgments holding that cost recovery charges cannot be demanded without specified rates and manner. Provision of cost recovery charges held ultra vires by Telangana High Court on ground of lack of power u/s 157 of Customs Act, 1962. Revenue's appeal dismissed as recovery itself is without jurisdiction. Commissioner rightly did not confirm charges related to House Rent Allowance and Transport Allowance as assessee provided accommodation and transport facility. Assessee's appeal allowed.
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