Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
When a product falls within both a general tariff entry and a specific entry, the specific entry prevails; Active Pharmaceutical Ingredients (APIs) and bulk drugs satisfy the statutory definition of "drug" and are classifiable under the specific entry SI. No. 226 for tariff rate purposes rather than under general chemical headings. The statutory definition of drug is wide and expressly includes substances intended as components of drugs, and regulatory treatment and definitions across drug control rules confirm that APIs retain their character as drugs even when imported for testing, bioequivalence, bioavailability or clinical trials. Consequently, APIs/bulk drugs attract IGST as per SI. No. 226 except where a nil-rated entry applies.
When a product falls within both a general tariff entry and a specific entry, the specific entry prevails; Active Pharmaceutical Ingredients (APIs) and bulk drugs satisfy the statutory definition of "drug" and are classifiable under the specific entry SI. No. 226 for tariff rate purposes rather than under general chemical headings. The statutory definition of drug is wide and expressly includes substances intended as components of drugs, and regulatory treatment and definitions across drug control rules confirm that APIs retain their character as drugs even when imported for testing, bioequivalence, bioavailability or clinical trials. Consequently, APIs/bulk drugs attract IGST as per SI. No. 226 except where a nil-rated entry applies.
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