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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
SC held that premises leased by Assessee to a company operating hostels for students and working professionals constitute a "residential dwelling" under Entry 13 of Notification No. 9/2017-Integrated Tax (Rate). The ultimate use remains residential, and mere commercial terms of lease do not alter its character. GST at 18% on such lease would defeat the legislative intent of exempting residential use. SC further held that the 2022 amendment withdrawing exemption where premises are rented to a registered person cannot be applied retrospectively. The Explanation to the Notification clarifies that exemption continues where used for own residence, even if rent is paid by a registered person. Appeals by Revenue were dismissed.
SC held that premises leased by Assessee to a company operating hostels for students and working professionals constitute a "residential dwelling" under Entry 13 of Notification No. 9/2017-Integrated Tax (Rate). The ultimate use remains residential, and mere commercial terms of lease do not alter its character. GST at 18% on such lease would defeat the legislative intent of exempting residential use. SC further held that the 2022 amendment withdrawing exemption where premises are rented to a registered person cannot be applied retrospectively. The Explanation to the Notification clarifies that exemption continues where used for own residence, even if rent is paid by a registered person. Appeals by Revenue were dismissed.
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