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...
Grant-in-aid received under a government scheme for setting up and modernising a rice milling unit was treated as reimbursement of capital expenditure already incurred, not as consideration for any taxable service. The Tribunal found no service provider-recipient relationship, no evidence of any knowhow or intellectual property being created and transferred, and no contractual counter-obligation arising from the grant conditions. In the absence of consideration for a service, the amount was held outside service tax under the Finance Act, 1994. The demand for tax, interest and penalty was therefore set aside, following earlier decisions treating grant-in-aid or reimbursement, without anything over and above the grant, as non-taxable.
Grant-in-aid received under a government scheme for setting up and modernising a rice milling unit was treated as reimbursement of capital expenditure already incurred, not as consideration for any taxable service. The Tribunal found no service provider-recipient relationship, no evidence of any knowhow or intellectual property being created and transferred, and no contractual counter-obligation arising from the grant conditions. In the absence of consideration for a service, the amount was held outside service tax under the Finance Act, 1994. The demand for tax, interest and penalty was therefore set aside, following earlier decisions treating grant-in-aid or reimbursement, without anything over and above the grant, as non-taxable.
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