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Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
The AAR ruled that the applicant cannot avail Input Tax Credit (ITC) on inputs and services used for constructing a concrete tower to support VCV lines for manufacturing EHV cables. Applying the Supreme Court's functionality test from Safari Retreats, the AAR determined that while a building may qualify as "plant" under Section 17(5)(d) of CGST Act, ITC is unavailable when construction is for the recipient's own use. The AAR found the applicant failed to prove the construction was not on their own account, breaking the ITC chain. The authority dismissed the applicant's reliance on various judgments as irrelevant, noting they primarily pertained to Income Tax matters rather than GST provisions.
The AAR ruled that the applicant cannot avail Input Tax Credit (ITC) on inputs and services used for constructing a concrete tower to support VCV lines for manufacturing EHV cables. Applying the Supreme Court's functionality test from Safari Retreats, the AAR determined that while a building may qualify as "plant" under Section 17(5)(d) of CGST Act, ITC is unavailable when construction is for the recipient's own use. The AAR found the applicant failed to prove the construction was not on their own account, breaking the ITC chain. The authority dismissed the applicant's reliance on various judgments as irrelevant, noting they primarily pertained to Income Tax matters rather than GST provisions.
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