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Notification No. S.O.127/P.A.5/2017/S.148/2018 Dated:- 24-8-2018 Punjab SGST
Registered persons with aggregate turnover of up to Rs. 1.5 crore in the preceding or current financial year may follow a special procedure for furnishing outward-supply details. Eligible persons may furnish FORM GSTR-1 quarterly for supplies of goods, services, or both. The quarterly filing dates cover the periods from July-September 2018 through January-March 2019, while related time limits for furnishing details or returns are to be notified subsequently.

2024 (2) TMI 1692
Case Laws Customs
Customs classification of interactive display systems turns on their independent automatic data processing capabilities rather than display functionality.
Interactive Display Systems (ViewBoard) are classifiable under subheading 84714190 as automatic data processing machines where they satisfy the Chapter 84 conditions for storing programmes and data, free programmability, user-specified arithmetical computation, and logical programme execution. Their in-built CPU, RAM, storage, Android operating system, touchscreen, network access, and ability to install software and independently process, store and manipulate data support that classification. The monitor provisions do not apply because the systems are not separately presented display units and display is only one of several independent functions.

2024 (4) TMI 1432
Case Laws Indian Laws
Comparable neighbouring sales support land valuation when same-estate evidence is unavailable, subject to appropriate deductions.
Land acquisition market value may be determined from comparable sale instances in neighbouring areas where no sale exemplars exist within the same revenue estate. Appropriate deductions must account for differences in the acquired land's location and characteristics. The valuation exercise treated the available evidence as the best material for assessing market value, and no additional material supported a higher valuation. The market values fixed by the High Court therefore remain applicable, with compensation to be deposited and disbursed according to law.

Circular No. Circular No 19/2023 Dated:- 16-11-2023 Tamil Nadu SGST Dated:- 16-11-2023 Tamil Nadu SG...
Unregistered persons may seek GST refund after cancellation of construction-service agreements or premature termination of long-term insurance policies where the supplier's credit-note period has expired. The applicant must obtain temporary registration, complete Aadhaar authentication, provide a PAN-linked bank account, and file FORM GST RFD-01 with statement 8, supplier certification, and evidence of having borne the tax incidence. Separate claims and registrations are required for different suppliers or jurisdictions. The cancellation letter determines the relevant date where services remain unprovided, and a partial supplier repayment permits only proportionate tax refund.

Annexure-C of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Be...
Origin declarations require approved exporters or status holders to identify the parties, shipment, goods, invoices, and applicable origin criteria. Each good must be described with its six-digit HS code, packaging details, quantity or weight, and invoice particulars, while all relevant origin grounds must be marked. Third-party invoices require disclosure where known, and retrospective issuance requires an explanatory remark. The declarant must certify the accuracy of the information, compliance with issuance conditions, and the country of origin of the goods.

Annexure-B of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Be...
Certificate of Origin requirements require identification of the parties, shipment details, invoice information, goods particulars, and applicable origin criteria. Each entry must include the six-digit HS code, detailed goods description, package details, measurement, and invoice particulars. The exporter must declare the accuracy of the information, compliance with issuance conditions, and country of origin. The issuing authority certifies the declaration after control. Retrospectively issued certificates require an explanatory endorsement, while replacement certificates for theft, loss, or destruction must be marked as certified true copies.

Annexure-A of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Be...
Product-specific origin criteria under the India-New Zealand Free Trade Agreement determine whether goods qualify as originating for preferential tariff treatment. A change in tariff classification requirement applies only to non-originating materials, and excluded classifications cannot be used as non-originating materials to meet that requirement. Alternative requirements are satisfied by meeting any one stated alternative, whereas multiple conditions must all be fulfilled. Wholly obtained status, tariff changes at chapter, heading or sub-heading level, qualifying value content, and melt-and-pour production requirements apply according to the relevant HS classification.

Rule 34 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Electronic exchange of origin data is required between India and New Zealand. An electronic system for exchanging Certificate of Origin information must be established when the Agreement enters into force. Within 12 months, the Parties must establish a system for other Proofs of Origin. Additional forms, including Origin Declarations, may be introduced only where the system can verify the authenticity of self-declarations.

Rule 33 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
The Technical Committee on Rules of Origin consists of government representatives responsible for rules-of-origin matters. At the request of either Party, it consults in person or virtually to secure effective, uniform, and consistent administration, enable cooperation, and resolve issues. It also considers amendments or modifications to origin requirements and Annexures to accommodate changes to the Harmonized System, technology, production processes, or related matters.

Confidentiality
Act Rules Customs
Rule 32 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Information obtained by the competent authority or customs administration of the importing Party may be used for determining a good's origin and in related legal proceedings, subject to each Party's law. Each Party must protect that information from unauthorised disclosure in accordance with its respective law.

Rule 31 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Proof of Origin cannot be rejected for minor errors or discrepancies, including slight inconsistencies between documents, minor omissions, spelling, typing or formatting errors, or entries extending beyond a designated field, where the defects do not create doubt about the originating status of the goods.

Rule 30 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Preferential tariff treatment, subject to rule 25, applies to originating goods being transported from the exporting Party to the importing Party when the Agreement enters into force. It also applies to originating goods not released from customs control, including goods stored in a bonded warehouse regulated by the importing Party's customs administration.

Penalties
Act Rules Customs
Rule 29 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Civil, administrative and, where appropriate, criminal sanctions apply to violations of customs laws and regulations concerning rules of origin and entitlement to preferential tariff treatment. Importers, exporters, producers, approved exporters and status holders may be penalised under applicable law for incorrectly representing material information relevant to determining a good's origin.

Rule 28 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Temporary suspension of preferential tariff treatment may follow persistent or deliberate misrepresentation of goods' origin status established through verification, after consultations and where corrective measures are insufficient. Wider suspension for all imports of a good may be considered where multiple parties misrepresent origin for the same six-digit HS classified good and the affected goods exceed half of preferential imports by value. Suspension is time-limited, may be renewed if conditions persist, and preferential treatment may be restored retrospectively or prospectively after appropriate remedial measures.

Rule 27 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Preferential tariff treatment may be denied where goods fail to qualify as originating, origin requirements are unmet, or verification produces insufficient information. Insufficient information may result from failures to respond to requests, comply with relevant requirements, provide timely documents, or cooperate with verification visits. The importer must receive written notice and reasons for denial. Established non-compliance with rules of origin results in duties under the importing Party's law.

Rule 26 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Verification may begin at importation or after release using risk assessment, random selection, or reasonable doubt about origin. The importing Party normally uses sequential information requests, authority assistance, and, if earlier information is unsatisfactory, a consent-based verification visit. Goods may be released pending verification upon payment of duties or provision of security. Written determinations must give their basis; a determination that goods are not originating permits comments or additional information, whereas a determination that goods are originating requires restoration of preferential benefits and refund of excess duties or release of guarantees under domestic legislation.

Rule 25 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Post-importation claims for preferential tariff treatment permit an importer to seek preferential treatment and refund of excess duties where no claim was made at importation, provided the goods qualified when imported. The importing Party may require a timely claim, proof of origin where applicable, and other import documentation. Incorrect information affecting proof of origin must be corrected, with payment of duties and penalties where applicable. Voluntary pre-discovery notification may mitigate penalties if the importer corrects the error and repays duties owed.

Waiver of Proof of Origin
Act Rules Customs
Rule 24 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Waiver of proof of origin applies where the importing Party has waived the requirement or, under its domestic law, does not require an importer to present such proof. In either circumstance, the importing Party must not require a Proof of Origin for goods whose origin is determined under the agreement.

Rule 23 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Parties must require exporters, producers, approved exporters, status holders and issuing bodies to retain origin-supporting records for at least five years from issuance or completion of Proof of Origin; importers must retain corresponding records from importation. Original Proof of Origin must remain in hard copy, while supporting records may be digital, electronic or written if promptly retrievable. Relevant persons must make records available for inspection when requested for origin verification.

Rule 22 of the Customs Tariff (Determination of Origin of Goods Under the Free Trade Agreement Betwe...
Preferential tariff treatment for originating goods is based on a valid Proof of Origin. An importer must declare that goods qualify as originating goods, hold valid proof when making the declaration, provide it when requested, and, where required, demonstrate compliance with applicable origin requirements. Supporting documents and information may be required. Without producing the Proof of Origin, customs may deny the preference, require a guarantee, or protect fiscal interests before completion of importation operations.

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