Petition challenging reassessment under s.147 dismissed where no jurisdictional plea; courts defer to administrative belief unless arbitrary or mala f...
AAR held that cotton seed de-oiled cake (HSN 23061020) constitutes an oil-cake residue under Chapter 23 and is classified within tariff heading 230610; accordingly its tax treatment changed by notifications: from 01.07.2017 to 21.09.2017 the product was exempt only when supplied as aquatic, poultry or cattle feed and taxable at 2.5% CGST+2.5% SGST if used otherwise, whereas from 22.09.2017 onward cotton seed oil cake has been placed in the exempt schedule irrespective of end-use. Because the item is exempt as per the applicable schedule, no liability to pay GST arises and no entitlement to claim input tax credit exists.
AAR held that cotton seed de-oiled cake (HSN 23061020) constitutes an oil-cake residue under Chapter 23 and is classified within tariff heading 230610; accordingly its tax treatment changed by notifications: from 01.07.2017 to 21.09.2017 the product was exempt only when supplied as aquatic, poultry or cattle feed and taxable at 2.5% CGST+2.5% SGST if used otherwise, whereas from 22.09.2017 onward cotton seed oil cake has been placed in the exempt schedule irrespective of end-use. Because the item is exempt as per the applicable schedule, no liability to pay GST arises and no entitlement to claim input tax credit exists.
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