International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Where rectification of an appellate order under s.107 of the WBGST Act, 2017 was refused in a dispute concerning deferred availment of ITC alleged to be barred by s.16(4), the governing Notification dated 08.10.2024 issued under s.148 was held to clarify both entitlement and procedure for rectification where ITC was treated as wrongly availed solely due to s.16(4), but the taxpayer may be eligible under s.16(5) or s.16(6). Since the rectification applications were founded on this Notification, the appellate authority was required to reconsider the request in light of the prevailing legal framework; consequently, the rejection order was set aside and the matter remanded for fresh decision. - HC
Where rectification of an appellate order under s.107 of the WBGST Act, 2017 was refused in a dispute concerning deferred availment of ITC alleged to be barred by s.16(4), the governing Notification dated 08.10.2024 issued under s.148 was held to clarify both entitlement and procedure for rectification where ITC was treated as wrongly availed solely due to s.16(4), but the taxpayer may be eligible under s.16(5) or s.16(6). Since the rectification applications were founded on this Notification, the appellate authority was required to reconsider the request in light of the prevailing legal framework; consequently, the rejection order was set aside and the matter remanded for fresh decision. - HC
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