Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
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 concluded that the proposed transfer of the specific construction-unit by the Applicant to the Transferee constitutes a transfer of a business/going concern rather than addressing the undefined concept of "slump sale." The supply, when characterized as a going concern, falls under SAC 997119 and ordinarily attracts GST at 18%, but is exempt under Notification No.12/2017-CT (Rate) (Entry No.2) because it is a transfer of a going concern as a whole/an independent part. No successive transfers undermine exemption eligibility. Contractual performance obligations and surety to the municipal authority remain enforceable and civil/contractual penalties may arise for any post-transfer non-performance.
The AAR concluded that the proposed transfer of the specific construction-unit by the Applicant to the Transferee constitutes a transfer of a business/going concern rather than addressing the undefined concept of "slump sale." The supply, when characterized as a going concern, falls under SAC 997119 and ordinarily attracts GST at 18%, but is exempt under Notification No.12/2017-CT (Rate) (Entry No.2) because it is a transfer of a going concern as a whole/an independent part. No successive transfers undermine exemption eligibility. Contractual performance obligations and surety to the municipal authority remain enforceable and civil/contractual penalties may arise for any post-transfer non-performance.
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