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...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The High Court held that the levy of Integrated Goods and Services Tax (IGST) on ocean freight paid by the petitioner was unconstitutional. The Court relied on the Supreme Court's decision in Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd. and its own decision in Bla Coke Pvt. Ltd. v. Union of India & Ors., wherein it was categorically held that when the Notification itself is struck down, the authorities cannot insist on the levy of IGST on the amount of ocean freight. The High Court determined that this was not a case of unconstitutional levy or illegal levy but rather a voluntary payment made under a mistake of law. Applying the principles laid down by the Supreme Court in Mafatlal Industries Ltd. v. Union of India, the High Court held that the writ petition filed by the petitioner seeking refund of the IGST was maintainable and allowed the petition, directing the respondents to refund the IGST amount to the petitioner.
The High Court held that the levy of Integrated Goods and Services Tax (IGST) on ocean freight paid by the petitioner was unconstitutional. The Court relied on the Supreme Court's decision in Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd. and its own decision in Bla Coke Pvt. Ltd. v. Union of India & Ors., wherein it was categorically held that when the Notification itself is struck down, the authorities cannot insist on the levy of IGST on the amount of ocean freight. The High Court determined that this was not a case of unconstitutional levy or illegal levy but rather a voluntary payment made under a mistake of law. Applying the principles laid down by the Supreme Court in Mafatlal Industries Ltd. v. Union of India, the High Court held that the writ petition filed by the petitioner seeking refund of the IGST was maintainable and allowed the petition, directing the respondents to refund the IGST amount to the petitioner.
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