Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Club or association service did not apply where a builder-developer provided clubhouse and residential amenities as part of the sale of flats, so those collections were not taxable under that category. Electricity recovered unit-wise and remitted to the utility, and the additional backup power charge, could not be taxed as management, maintenance or repair service without evidence that it represented repair consideration. By contrast, interest earned on maintenance deposits, and deposits appropriated toward maintenance charges under the contractual arrangement, were treated as consideration for maintenance and repair service; the related demand, interest, penalty, and extended limitation were sustained.
Club or association service did not apply where a builder-developer provided clubhouse and residential amenities as part of the sale of flats, so those collections were not taxable under that category. Electricity recovered unit-wise and remitted to the utility, and the additional backup power charge, could not be taxed as management, maintenance or repair service without evidence that it represented repair consideration. By contrast, interest earned on maintenance deposits, and deposits appropriated toward maintenance charges under the contractual arrangement, were treated as consideration for maintenance and repair service; the related demand, interest, penalty, and extended limitation were sustained.
Note: It is a system-generated summary and is for quick reference only.
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