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Amendments to Basic Customs Duty effective 2 February 2026 alter duty incidence for specified imports: monazite, sodium antimonate for solar glass, nuclear power generation goods and control/burnable absorber rods, and specified microwave-oven manufacture components are moved to nil duty, while potassium hydroxide is newly subject to a 7.5% basic customs duty; consult the notification for full descriptions.
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Customs BCD exemptions extended to BESS, aircraft parts, nuclear projects, specified drugs and select critical minerals.
BCD exemptions are expanded to cover capital goods for Battery Energy Storage Systems and to extend relief for aircraft raw materials and components (including engines) for manufacture or maintenance when imported by defence Public Sector Units, subject to the IGCRS Rules, 2022 and an end use certificate from a Joint Secretary level officer. Exemptions for goods for specified Nuclear Power Projects are broadened irrespective of capacity and extended through 30.09.2035. Lists in the customs notification are updated to add medicines and rare diseases for personal import exemptions, and select critical mineral entries are being consolidated into the tariff with the prior notification to be rescinded.
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Customs duty exemptions: 102 conditional entries extended, 22 allowed to lapse, and select unconditional exemptions omitted.
A review of notification No. 45/2025 Customs extends validity of 102 conditional exemption/concessional BCD entries to 31.03.2028, allows 22 conditional entries to lapse on 31.03.2026, and omits specified unconditional exemptions effective 02.02.2026 so applicable BCD rates will apply from the First Schedule. The review also removes or prescribes sunset clauses, modifies certain entries (including mergers, description changes, and extended time limits), and incorporates some rates into the Tariff.
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Budget changes extend BCD exemptions for listed goods to March 31, 2028 and omit redundant notification entries.
Extension of certain BCD exemptions to 31.03.2028 is prescribed for specified notifications covering precious stones on approval/return basis, goods imported for execution of export orders for jobbing, copper products from reverts, and gold/silver from copper anode slime exported for toll smelting. One standalone exemption for castor oil cake manufactured in SEZs and brought to DTA lapses on 31.03.2026, and a notification exempting works of art and antiques for public exhibition is given a sunset date of 31.03.2028. Selected exemption entries in notification No. 36/2024-Customs are omitted effective 02.02.2026 as redundant, with BCD rates to operate via the First Schedule of the Customs Tariff Act, 1975.
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New pneumatic tyres of rubber used on aircraft under tariff item 4011 30 00 will continue to attract a 0.5% Agriculture Infrastructure and Development Cess. The notification entry is amended to omit reference to a removed exemption entry with effect from 02.02.2026, without changing the 0.5% AIDC rate for these goods (other than those with nil basic customs duty).
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Chewing and related tobacco NCCD schedule rates raised to 60% from May 1, 2026, while effective rate stays 25%.
Seventh Schedule to the Finance Act, 2001 is amended to raise NCCD rates from 25% to 60% for HS 2403 99 10 (chewing tobacco), HS 2403 99 30 (jarda scented tobacco) and HS 2403 99 90 (other tobacco products including gutkha) effective 01.05.2026, while a notification will maintain the applied effective rate at 25%.
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The value of Biogas/Compressed Biogas (CBG) contained in blended CNG, and the central, state, union territory or integrated taxes paid on that Biogas/CBG, are excluded from the transaction value for computing central excise duty on blended CNG; the exclusion is effected by amending the existing notification framework and takes effect from 02.02.2026, with the prior GST-only relief rescinded.
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The additional excise duty of Rs.2 per litre on unblended diesel is deferred until 31.03.2028 by amendment of Notification No. 11/2017 Central Excise through Notification No. 02/2026 Central Excise (01.02.2026), thereby postponing the levy of the higher duty on unblended diesel.
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Amendments remove the requirement that a post-sale discount be linked to an agreement and prescribe issuance of a credit note under section 34 when input tax credit is reversed; section 34 is amended to reference section 15. Section 54 is amended to extend provisional refunds to inverted duty structure claims and to remove the sanction threshold for refunds on exported goods with tax paid. Section 101A gains sub-section (1A) allowing the Central Government to notify an existing authority or tribunal to hear appeals under section 101B pending the National Appellate Authority, with sub-sections (2)-(13) not applying where such empowerment occurs, effective 01.04.2026.
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Place of supply for intermediary services will follow the IGST Act default provision after omission of the specific clause.
The amendment omits clause (b) of sub section (8) of section 13 of the Integrated Goods and Services Tax Act, 2017 so that the place of supply for intermediary services will be determined by the default provision in section 13(2) of the IGST Act, aligning intermediary services with the Act's general place of supply framework.
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The High Court held that a challenge to the legal sustainability of a bail order is distinct from cancellation for supervening conduct and, on the facts, found substantive compliance with CGST arrest safeguards (including authorisation recording reasons to believe and supply of arrest memo and grounds) and BNSS Sections 47-48 when assessed through a prejudice oriented test; absence of statutory headings or non enclosure of detailed grounds with the relative did not, without demonstrable prejudice, justify the magistrate's bail order, which was set aside and the bail bonds cancelled with liberty to apply afresh.
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The tribunal permitted admission of additional legal grounds based on facts on record and held that the outer statutory limitation governs final assessments in eligible-assessee transfer pricing cases. The dispute-resolution procedural deadline requires prompt action after directions but does not enlarge the overall limitation; statutory extension available for transfer pricing references is to be applied to the outer limit, and external judicial limitation extensions do not extend the time for completing original assessments.
Case Laws Income Tax
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Digital material recovered in a third party search cannot alone justify invoking Section 153C without a direct nexus to the non searched person.
Section 153C jurisdiction requires seized or requisitioned books of account or documents from a search that relate to or pertain to a non searched person; digital images recovered in a third party search that did not name or connect the petitioners could not sustain Section 153C. The Assessing Officer's reliance on post search forms, voluntary supply of documents, public domain inquiries, and an inferential consideration mismatch rendered the recorded satisfaction de hors the statutory trigger, allowing writ relief for jurisdictional defect.
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GST refund and recovery proceedings founded solely on omitted rules lapse absent express saving clause.
Omission of Rule 89(4B) and Rule 96(10) without an express saving clause causes pending proceedings and non-final orders founded solely on those rules to lapse, except for transactions past and closed. The General Clauses Act's preservation principle does not apply to omissions effected by subordinate rules/notification, and transitional or laying provisions of the parent statute do not operate as omnibus saving clauses. Consequently, undisposed show cause notices and orders dependent only on the omitted rules were quashed and affected refund applications were remitted for reconsideration after hearing within a stipulated period.
Case Laws GST
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GST electronic service by portal or email may not trigger appeal limitation absent verifiable communication or retrieval evidence.
Whether portal upload or e-mail intimation automatically triggers the limitation period under Section 107 depends on whether such electronic modes fall within the statutory deeming fictions of Section 169(2) or Section 169(3). Although Section 169(1)(c)-(d) and Rule 142 permit electronic service, the express deeming consequences are confined to specified modes; absent acknowledgement or verifiable retrieval logs, IT Act presumptions of dispatch/receipt do not alone establish communication for appeal limitation.
Case Laws Customs
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Electronic evidence admissibility in customs proceedings: contemporaneous extraction records and Section 108 statements can satisfy the certificate requirement.
The Court held that contemporaneous extraction/printing records, device particulars, and un-retracted Section 108 statements acknowledging computer printouts can constitute substantive due compliance with Section 138C(4) of the Customs Act, 1962; a certificate not in prescribed format will not automatically invalidate admissibility where authenticity is not disputed, while other statutory evidentiary issues (including Section 138B) remain open for adjudication.
Case Laws Customs
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Aluminium shelving classed by import condition: use allowed only if statutorily permitted; supports aren't parts at import.
Classification requires sequentially applying GRI 1 with relevant Section and Chapter Notes; aligned HSN Explanatory Notes guide interpretation. Use is relevant only where permitted and must reflect intended use objectively evident at importation per the as imported principle. A "part" must have an essential functional nexus to machine operation; mere supporting platforms or shelves that do not contribute mechanically to operation are not parts and may instead fall under material-based structure headings.

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Interpreting E-Way Bill Regulations: High Court's Guidance on Proportionality and Taxpayer Intent

7 August, 2024

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Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2018 (5) TMI 455 - ALLAHABAD HIGH COURT

Introduction

This article provides a comprehensive analysis of a judgment delivered by the High Court (HC) concerning the seizure of goods with a vehicle on the ground of incomplete Part-B of the e-way bill. The case revolves around the contention of the petitioner that there was no intention to evade payment of tax during the intra-state sale of goods.

Arguments Presented

The petitioner, a private limited company engaged in the manufacture and supply of industrial products, received an order from a consignee in Rajkot, Gujarat. The goods were booked through a transport service, and an e-way bill was generated with all the required details, except for Part-B, which did not mention the vehicle number.

During transportation, the vehicle was intercepted by the Assistant Commissioner (in-charge), Commercial Tax, Mobile Squad, who issued an interception memo u/s 129(1) of the UPGST Act, 2017. The respondent detained the vehicle and goods, alleging that Part-B of the e-way bill was incomplete and no vehicle number was mentioned.

The petitioner contended that there was no intention to evade tax payment, as IGST at 18% was charged, and both the consignor and consignee were registered dealers. The petitioner argued that Part-B was not filled due to the goods being transported from the factory to the transport company, where they would be loaded onto another vehicle for further transportation to the consignee's location.

Discussions and Findings of the HC

The HC considered the arguments presented by both parties and perused the relevant documents. The court agreed with the petitioner's submission and found no ill intention on their part in not filling up Part-B of the e-way bill, as the petitioner was not required to provide the vehicle number before the goods were loaded for transportation to the final destination.

The HC observed that all the necessary documents accompanied the goods, and the non-mention of the vehicle number in Part-B could not be a ground for seizure. The court held that the seizure order was illegal, and the respondent failed to consider the notification dated 07.03.2018, which provided an exemption from furnishing conveyance details in Part-B for transportation within 50 kilometers.

Analysis of the HC's Judgment

The HC's judgment highlights the importance of considering the specific circumstances and intentions behind an alleged violation of tax laws. The court recognized that the petitioner had complied with the necessary requirements, such as charging the appropriate tax and providing relevant documents, indicating no intention to evade tax payment.

The HC's decision to quash the seizure order and the consequential show cause notice u/s 129(3) of the Act underscores the principle of proportionality and reasonableness in enforcing tax laws. The court emphasized that mere non-mention of the vehicle number in Part-B, especially in cases where the goods were being transported within a short distance for further transportation, should not automatically lead to harsh penalties or seizures.

The judgment also highlights the need for tax authorities to consider relevant notifications and provisions before taking coercive actions. The HC's reference to the notification dated 07.03.2018, which provided an exemption for furnishing conveyance details in Part-B for short-distance transportation, reinforces the importance of interpreting and applying tax laws in a fair and judicious manner.

Concluding Remarks

The HC's judgment serves as a significant precedent in the realm of tax laws, particularly concerning the interpretation and application of e-way bill regulations. It emphasizes the need for a balanced approach, considering the intentions and circumstances of taxpayers, while ensuring compliance with tax laws.

The judgment underscores the importance of reasonableness and proportionality in enforcing tax laws, discouraging arbitrary or excessive actions by tax authorities. It also highlights the necessity for tax authorities to consider relevant notifications and provisions before taking coercive measures, ensuring fairness and transparency in the tax administration process.

Overall, this judgment reinforces the principles of justice and equity in the interpretation and enforcement of tax laws, promoting a conducive environment for taxpayers while maintaining the integrity of the tax system.

Comprehensive Summary

The High Court (HC) delivered a landmark judgment concerning the seizure of goods with a vehicle on the grounds of an incomplete Part-B of the e-way bill. The petitioner, a private limited company engaged in manufacturing and supply, contended that there was no intention to evade tax payment during the intra-state sale of goods. Despite the incomplete Part-B, which did not mention the vehicle number, the petitioner argued that they had charged the appropriate tax and provided all necessary documents.

The HC, after considering the arguments and relevant documents, ruled in favor of the petitioner. The court found no ill intention on the part of the petitioner in not filling up Part-B, as they were not required to provide the vehicle number before the goods were loaded for transportation to the final destination. The HC observed that the non-mention of the vehicle number in Part-B could not be a ground for seizure, and the respondent failed to consider the relevant notification that provided an exemption for furnishing conveyance details in Part-B for short-distance transportation. Consequently, the HC quashed the seizure order and the consequential show cause notice, emphasizing the principles of reasonableness and proportionality in enforcing tax laws.

 


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2018 (5) TMI 455 - ALLAHABAD HIGH COURT

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Acts Income Tax