Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
Customs valuation and classification require comparable evidence and assessment of imported goods in their actual condition, invalidating related pena...
The High Court held that the impugned Press Release by the Ministry of Finance, purporting to direct judicial and quasi-judicial authorities to classify all alcohol-based hand sanitizers as "disinfectants" attracting 18% GST rate, is invalid. The Court ruled that the executive cannot transgress on the functions within the exclusive province of judicial or quasi-judicial authorities. The issue of product classification falls within the domain of judicial and quasi-judicial bodies created under the Act, who must exercise their powers independently without executive interference. The Press Release virtually expressed a firm view on classifying hand sanitizers as "disinfectants" rather than "medicaments," urging authorities to levy 18% tax, thereby influencing their independent decision-making. Consequently, the Court set aside the Press Release to enable unbiased adjudication by judicial and quasi-judicial authorities on product classification and applicable tax rates.
The High Court held that the impugned Press Release by the Ministry of Finance, purporting to direct judicial and quasi-judicial authorities to classify all alcohol-based hand sanitizers as "disinfectants" attracting 18% GST rate, is invalid. The Court ruled that the executive cannot transgress on the functions within the exclusive province of judicial or quasi-judicial authorities. The issue of product classification falls within the domain of judicial and quasi-judicial bodies created under the Act, who must exercise their powers independently without executive interference. The Press Release virtually expressed a firm view on classifying hand sanitizers as "disinfectants" rather than "medicaments," urging authorities to levy 18% tax, thereby influencing their independent decision-making. Consequently, the Court set aside the Press Release to enable unbiased adjudication by judicial and quasi-judicial authorities on product classification and applicable tax rates.
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