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    Case LawsCentral Excise
    Classification (HSN Code) for "Sloans Balm" and "Sloans Rub"-Interpretation of Tariff (3003.30 or 30...
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    Case LawsCentral Excise
    Classification (HSN Code) for "Sloans Balm" and "Sloans Rub"-Interpretation of Tariff (3003.30 or 30...
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    Tariff classification: Sloans Balm and Sloans Rub placed under medicated topical preparations, not the alternate heading.
    Classification dispute over topical proprietary preparations marketed as Sloans Balm and Sloans Rub; the operative determination places these products within Sub Heading 3003.30 rather than Sub Heading 3003.10 of the Tariff Act, based on the products' character and the tariff terminology.
    Case LawsCentral Excise
    Classification (HSN Code) for "Himtaj Oil"-Interpretation of Tariff (3303.30 or 3305.10)
    Show AI Summary
    Classification of Himtaj Oil as Ayurvedic medicament confirmed, excluding perfumed hair oil category under tariff.
    The document determines that the classification question for Himtaj Oil is whether it is an Ayurvedic Medicament or a perfumed hair oil; it records the authoritative precedent that the product properly falls within the Ayurvedic Medicaments sub heading rather than the perfumed hair oil tariff heading, applying character based classification principles to distinguish medicament articles from cosmetic preparations.
    Case LawsCentral Excise
    Classification (HSN Code) for "Lip Salve"-Interpretation of Tariff (33.03 or 33.04)
    Show AI Summary
    Tariff classification: lip salve treated as a cosmetic preparation, not a medicated product, affecting applicable tariff placement.
    The expression Lip Salve is classified under Sub Heading 33.04 read with Note No.5 of Chapter 33, and not under Sub Heading 33.03, thereby treating lip salves as cosmetic preparations rather than medicated preparations for tariff and central excise classification purposes.
    Case LawsCentral Excise
    Classification (HSN Code) for Fragrant Mat-Interpretation of Tariff (3307.41 or 3307.49)
    Show AI Summary
    Fragrant mat classification placed under specific fragrance preparations heading rather than the generic perfume preparations heading.
    The operative classification ruling states that the term "Fragrant Mat" is classifiable under Sub-Heading 3307.41 rather than 3307.49, treating such items as specific fragrance preparations for tariff and excise purposes.
    Case LawsCentral Excise
    Classification (HSN Code) for conveyor Belt-Interpretation of Tarrif (3922.90 and 3926.90)
    Show AI Summary
    Tariff classification of conveyor belts clarified under harmonised system guidance, confirming current classification under polymeric goods heading.
    The conveyor belt item was held to fall within Tariff Heading 3922.90 for an earlier period and within Tariff Heading 3926.90 for a later period, and under the latest tariff remains classifiable under the tariff item corresponding to 3926.90; the Harmonised System Explanatory Note to Tariff Heading 39.26 is the guiding interpretive aid because the Tariff Schedule is based on the Harmonised Coding System.
    Case LawsCentral Excise
    Classification (HSN code) for Block Board - Interpretation of Tariff (44.08, 44.10 or 44.12)
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    Classification of block board as similar laminated wood affirms inclusion under laminated-wood headings, though later tariff notes may reassign it.
    The phrase "similar laminated wood" in the laminated wood heading was construed to include block boards of all kinds, and later amendments to chapter notes only clarified that implicit scope; however, current chapter and supplementary notes may assign block boards to a different tariff entry, making present classification dependent on the operative tariff wording.
    Case LawsCentral Excise
    Classification (HSN code) for Technical grade pesticides (TGP) and insecticides and formulations th...
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    Tariff classification of pesticides: specific Chapter 38 headings control classification of insecticidal and fungicidal preparations.
    Classification of technical grade pesticides depends on specific tariff headings: general provisions in Chapters 28 and 29 give way to the specific provisions of Chapter 38 for insecticides and pesticides, so TGP and formulations with insecticidal or fungicidal properties are classifiable under the specific headings in Chapter 38 rather than under earlier residuary headings, with preparations of insecticidal or fungicidal character falling under Heading 38.08.
    Act RulesGST
    Export - Zero Rated supply - Whether amount received from the Foreign Currency (Non-Resident) accoun...
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    Convertible foreign exchange: payments from buyer FCNR/NRE accounts may qualify for zero-rated export benefit under GST.
    Payments received from a buyer's FCNR/NRE account may be treated as received in convertible foreign exchange for claiming the zero-rated supply benefit under GST where such receipt conforms to modes authorised by Regulation 4 of the Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000; the position is interpretive and authoritative clarification is suggested to resolve compliance uncertainty.
    Act RulesGST
    Export of Services - For claiming exemption from GST or Benefit of Zero Rated supply under GST, whet...
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    Convertible foreign exchange requirement necessary to qualify services as zero-rated exports under GST, where payment is received in foreign currency.
    The operative requirement for classifying cross-border services as zero-rated is mandatory receipt of payment in convertible foreign exchange; absence of such receipt prevents claiming exemption or zero-rated treatment for export of services.
    Act RulesGST
    What is the meaning of Export of Services under GST
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    Export of services: cross border supply requires foreign recipient, foreign place of supply, and foreign exchange payment.
    The concept of export of services requires five conjunctive conditions: supplier located in India; recipient located outside India; place of supply outside India; payment received in convertible foreign exchange; and the supplier and recipient not being merely distinct establishments of the same person.
    Act RulesGST
    Export of Goods - For claiming exemption from GST or Benefit of Zero Rated supply under GST, whether...
    Show AI Summary
    Receipt in convertible foreign exchange required for export GST exemption; realization must meet foreign exchange timelines.
    Whether export of goods qualifies for exemption or zero-rated GST depends on receipt of consideration in convertible foreign exchange and adherence to the realization timeframe under Regulation 9 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015, which requires realization of export proceeds within nine months (subject to extension).
    Act RulesGST
    What is the meaning of export of goods under GST
    Show AI Summary
    Export of goods under GST means removal of goods from India to a location outside India for classification purposes.
    The term export of goods under the integrated GST framework is defined to mean the act of taking goods out of India to a place outside India, inclusive of its grammatical variations and cognate expressions; this definition identifies when the movement of goods qualifies as export for GST classification.
    Act RulesGST
    What is the meaning of continuous journey under GST
    Show AI Summary
    Continuous journey under GST defines when contemporaneous tickets and no intervening stop constitute one uninterrupted trip for tax treatment.
    The definition treats a journey as a continuous journey where one or more tickets or invoices are issued at the same time by a single supplier or an agent on behalf of multiple suppliers and there is no stopover between the legs covered by those tickets or invoices; a "stopover" is where a passenger disembarks to transfer or to break the journey and resume it later.
    Act RulesGST
    What is the location of supplier of Goods for determination place of supply of goods under GST / IGS...
    Show AI Summary
    Location of supplier: treat the supplier's place of business as the determining factor for place of supply under GST.
    Location of supplier of goods is not defined in the GST/IGST Acts; it should be treated as the place where the supplier was located immediately before or at the time of supply and before movement of goods. A CBIC flier treats the supplier's place of business as the relevant location, supporting use of the supplier's business location for determining place of supply under Section 10 and inter state rules.
    Act RulesGST
    What is the location of supplier of services for determination place of supply of services under GST...
    Show AI Summary
    Location of supplier of services determines place of supply under GST-prioritise place of business, fixed establishment, then residence.
    Location of the supplier of services determines place of supply under GST/IGST by a hierarchical rule: (a) location of the registered place of business; (b) location of the fixed establishment when supply is made from another place; (c) location of the establishment most directly concerned where multiple establishments are involved; and (d) otherwise the usual place of residence of the supplier.
    Act RulesGST
    What is the location of the recipient of services for determination place of supply of services unde...
    Show AI Summary
    Location of recipient of services determines place of supply; prioritise registered business, fixed establishment, most concerned establishment, then residence.
    The location of the recipient of services is determined hierarchically: (a) the location of the registered place of business where the supply is received; (b) if received at a place other than the registered place, the location of the fixed establishment elsewhere; (c) where received at multiple establishments, the establishment most directly concerned with receipt; and (d) if none of these exist, the usual place of residence of the recipient. The IGST Act contains the same hierarchical definition.
    Act RulesBills
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    Taxability of gifts expanded to all assessees; assets received without adequate consideration treated as taxable income.
    The amendment inserts a new clause in subsection (2) of section 56 to tax assets received without or for inadequate consideration across all categories of assessees, subsuming earlier clause-based provisions that applied only to individuals, HUFs or certain share receipts, and rationalises the exceptions by revising and adding specified carve-outs while sunsetting the earlier clauses.
    Act RulesBills
    Capital Gains - meaning of "adjusted", "cost of improvement" and "cost of acquisition" u/s 55 - refe...
    Show AI Summary
    Cost of acquisition rules: cutoff date advanced, altering use of prior fair market value for long-term capital assets.
    Amendment to section 55 advances the statutory cut-off date used to compute cost of acquisition and cost of improvement for long-term capital assets: where an asset was acquired before the new cut-off date, its cost of acquisition is to be treated as the asset's value on that cut-off date and cost of improvement is recognised only if incurred after that date, with fair market value at the cut-off date available as the basis. The amendment is effective from 1st April, 2018 and applies to the assessment year 2018-2019 onwards.
    Act RulesBills
    Exemption from Capital Gains tax u/s 54EC on investments in bonds - specified bonds shall include an...
    Show AI Summary
    Capital gains exemption expanded to include government notified bonds, widening eligible investments for deferring tax on long term gains.
    Amendment to section 54EC broadens the definition of qualifying instruments by allowing the Central Government to notify additional specified bonds beyond the previously listed redeemable bonds, thereby expanding the range of investments that can be used to claim the capital gains exemption; the amendment takes effect from the stated commencement and applies to the indicated assessment year and subsequent years.
    Act RulesBills
    New section 50CA - the fair market value of such shares determined in the prescribed manner shall b...
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    Fair market value deemed consideration for unquoted share transfers, altering capital gains valuation under prescribed rules.
    The fair market value of unquoted company shares, determined in the prescribed manner, is to be deemed the full value of consideration for computing capital gains on transfer; a statutory definition of "quoted share" is to be provided and the rule applies prospectively from the stated effective date.

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      Bills

      Customs - Review of exemptions prescribed by other notifications:

      24 July, 2024

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      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

      (a) The BCD exemption for the goods covered under the following notifications are being extended upto 31st March, 2026.

      S. No.

      Notification No.

      Brief Description

      1.

      30/2017-Customs dated 30 June 2017

      Exemption to motion picture, music, gaming software for use in gaming console printed or recorded on media

      2.

      05/2017-Customs dated 2 February 2017

      Exemption to machinery, components for setting up fuel cell based on waste to energy

      3.

      113/2003-Customs dated 22 July 2003

      Exemption to castor oil cake and castor de-oiled cake manufactured from indigenous castor oil seeds on indigenous plant and machinery by unit in SEZ and brought to DTA

      4.

      81/2005-Customs dated 8 September 2005

      Exemption to machinery/components for initial setting up of non-conventional power generation plants

      5.

      26/2011-Customs dated 1 March 2011

      Exemption to work of art, antiques in museum or art gallery

      6.

      248/1976-Customs dated 2 August 1976

      Exemption to precious stones imported by posts on 'approval or return' basis

      7.

      24/2001-Customs dated 1st March 2001

      Exemption to copper cathodes, wire bars and wire rods produced out of copper reverts

      8.

      25/2001-Customs dated 1st March 2001

      Exemption on gold and silver produced out of copper anode slime which were exported out of India for toll smelting and processing

      9.

      32/1997-Customs dated 1st April 1997

      Exemption to goods imported for execution of an export order for jobbing

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (b) The BCD exemption for the goods covered under the following notifications are being extended upto 31st March, 2029.

      S. No.

      Notification No.

      Brief Description

      1.

      16/1965-Customs dated 23 January 1965

      Exemption to goods exported to foreign countries for display in show-rooms of Govt of India

      2.

      80/1970-Customs 29 August 1970

      Goods supplied freely under warranty as replacement for defective ones in lieu of earlier imported goods.

      3.

      207/89-Customs dated 17 July 1989

      Foodstuffs and provisions (excluding fruit products, tobacco, alcohol) by foreigners

      4.

      147/94-Customs dated 13 July 1994

      Firearms and ammunition when imported for use by a renowned shooter

      5.

      148/94-Customs dated 13 July 1994

      Specified gifts; goods gifted free under a bilateral agreement; goods imported by Indian Red cross Society, goods for the purposes of relief and rehabilitation

      6.

      152/94-Customs dated 13 July 1994

      Appliance/aids for blind/handicapped imported by institution for blind & deaf; and other specified teaching aids imported by Govt Universities

      7.

      153/94-Customs dated 13 July 1994

      Articles for foreign origin imported for repair and return, theatrical equipment and costumes, mountaineering expedition equipment, photographic, filming recording etc

      8.

      134/94-Customs dated 22 June 1994

      Specified capital goods, and other ancillary items imported for repairs

      9.

      39/96-Customs dated 23 July 1996

      Specified imports relating to Defence, internal security forces and Air Force.

      10.

      50/96-Customs dated 23 July 1996

      Specified equipment, instruments, raw materials, components, pilot plant and computer software when imported for publicly funded R & D projects

      11.

       51/96-Customs dated 23 July 1996

      Scientific and technical instruments, apparatus, equipment, accessories etc when imported by publicly funded research institution

      12.

      25/1998-Customs dated 2 June 1998

      Capital goods/machinery/ measuring instruments for manufacture of semiconductor wafers.

      13.

      23/2016-Customs dated 1 March 2016

      Parts of aircraft when imported into India under the Standard Exchange Scheme

      14.

      32/2017-Customs dated 30 June 2017

      Imports of artwork and antique books

      15.

      37/2017-Customs dated 30 June 2017

      Imports in relation to defense and international security forces including medals, decorations, personal effects of Defense Personnel, bonafide gifts from foreign donors, stores and goods for trials, demonstration

      16.

      16/2017-Customs dated 20 April, 2017

      Specified medicines from whole of the duty of customs, when imported for supply under Specified Patient Assistance Programme

      17.

      25/1999-Customs dated 28 February 1999

      Capital goods/machinery used by the IT/Electronics industry, subject to actual user condition.

      18.

      25/2002-Customs dated 1 March 2002

      Specified raw materials, inputs and parts for use in manufacture of specified electronic items

      19.

      35/2017-Customs dated 30th June 2017

      Aviation Turbine Fuel in the tanks of the aircrafts of an Indian Airline or of the Indian Air Force

      Note: Description of entries is indicative. Notification may be referred to for complete description.

      (c) The end dates prescribed are being removed in the following notifications:

      S. No.

      Notification No.

      Brief Description

      1.

      49/2017-Customs dated 30 June 2017

      Exemption to special Additional Duty on specified goods of fourth schedule to Central Excise Act

      2.

      52/2017-Customs dated 30 June 2017

      Effective rate of Additional duty for goods under Chapter 27

      3.

      29/2017-Customs dated 30 June 2017

      Exemption to specimen, models, wall pictures and diagrams for instructional purposes

      4.

      46/1974-Customs dated 25 May 1974

      Pedagogic material for educational or vocational training courses

      Note: Description of entries is indicative. Notification may be referred to for complete description

      Full Text:

      Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

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