Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
This legal case deals with the applicability of Goods and Services Tax (GST) on the export of pre-packaged and labelled frozen shrimps. The key points are: According to the Legal Metrology Act, 2009 and rules, if the inner packaging is printed with a pre-determined quantity, it is considered a 'pre-packaged and labelled' commodity for retail sale, regardless of whether the outer packaging is printed or not. Consequently, the inner packaging of shrimps ranging from 250 grams to 2 kilograms falls under the 'pre-packaged and labelled' category and is liable for GST. The supply of shrimps in pouches or boxes up to 25kg, which are duly pre-packaged and labelled as per the Legal Metrology Act, is a taxable event and not an exempted or nil-rated supply. Where the quantity involved is 25kg or less for specified commodities like shrimps (HSN 0306), which are pre-packed, they are covered under the Legal Metrology Act, 2009, and rules. Therefore, GST at 5% is applicable on the supply of 'pre-packaged and labelled' shrimps up to 25kg, irrespective of whether it is for domestic supply or export, as long as they are specified pre-pack.
This legal case deals with the applicability of Goods and Services Tax (GST) on the export of pre-packaged and labelled frozen shrimps. The key points are: According to the Legal Metrology Act, 2009 and rules, if the inner packaging is printed with a pre-determined quantity, it is considered a 'pre-packaged and labelled' commodity for retail sale, regardless of whether the outer packaging is printed or not. Consequently, the inner packaging of shrimps ranging from 250 grams to 2 kilograms falls under the 'pre-packaged and labelled' category and is liable for GST. The supply of shrimps in pouches or boxes up to 25kg, which are duly pre-packaged and labelled as per the Legal Metrology Act, is a taxable event and not an exempted or nil-rated supply. Where the quantity involved is 25kg or less for specified commodities like shrimps (HSN 0306), which are pre-packed, they are covered under the Legal Metrology Act, 2009, and rules. Therefore, GST at 5% is applicable on the supply of 'pre-packaged and labelled' shrimps up to 25kg, irrespective of whether it is for domestic supply or export, as long as they are specified pre-pack.
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