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Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The applicant sought clarification on the applicability of GST rate under notification No. 1/2017-Central Tax (Rate) for imported goods/spares supplied on ships. The applicant claimed these goods are essential parts of the ship to make it seaworthy. However, the HSN explanatory notes of Chapter 89, under which the applicant wants the goods classified after import, exclude separately presented parts and accessories of vessels from this chapter. They are classified under appropriate headings elsewhere in the nomenclature. The CESTAT order cited by the applicant pertained to a different issue and is not tenable in the present dispute. The classification of the goods when supplied by the applicant after importation would remain the same as mentioned in the bill of entry filed before Customs, under the same chapter, heading, sub-heading, and tariff item on which IGST was discharged during import.
The applicant sought clarification on the applicability of GST rate under notification No. 1/2017-Central Tax (Rate) for imported goods/spares supplied on ships. The applicant claimed these goods are essential parts of the ship to make it seaworthy. However, the HSN explanatory notes of Chapter 89, under which the applicant wants the goods classified after import, exclude separately presented parts and accessories of vessels from this chapter. They are classified under appropriate headings elsewhere in the nomenclature. The CESTAT order cited by the applicant pertained to a different issue and is not tenable in the present dispute. The classification of the goods when supplied by the applicant after importation would remain the same as mentioned in the bill of entry filed before Customs, under the same chapter, heading, sub-heading, and tariff item on which IGST was discharged during import.
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