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Circular No. 20/20/2017-GST Dated:- 22-11-2017 Gujarat SGST Dated:- 22-11-2017 Gujarat SGST
Terracotta idols are treated as idols made of clay because terracotta is clay-based material. They are therefore covered by the nil-rate entry applicable to clay idols under the relevant State Tax (Rate) notification. Implementation difficulties may be brought to the notice of the Commissioner of State Tax.

Circular No. Corrigendum to Public Notice No. 27/2026-2027 Dated:- 24-8-2026 Public Notice Dated:- 2...
Tariff Rate Quota imports of raw sugar must be converted into white/refined sugar and sold in the domestic market within a period not exceeding two months from the date of filing the bill of entry. This replaces the earlier requirement to process the imported raw sugar within a reasonable period and sufficiently before a specified date for domestic sale. All other applicable terms and conditions remain unchanged.

Circular No. 21/21/2017-GST Dated:- 22-11-2017 Gujarat SGST Dated:- 22-11-2017 Gujarat SGST
Inter-state movement of rigs, tools, spares and goods on wheels, including cranes, between distinct persons is neither a supply of goods nor a supply of services when the movement is not for further supply of the same goods. No IGST applies to such movement, including movement for repairs or maintenance. Applicable GGST, CGST or IGST remains leviable on the repairs and maintenance services performed.

Circular No. Circular No. 4 Dated:- 3-1-2018 Gujarat SGST Dated:- 3-1-2018 Gujarat SGST
Manual GST refund processing applies to accumulated input tax credit from inverted duty structure, deemed exports and excess electronic cash ledger balances until the portal module is available. Applications in FORM GST RFD-01A require prescribed periodic returns, supporting statements and, where applicable, undertakings. Deemed-export claims may be made by the supplier or recipient subject to reciprocal non-claim undertakings. Rejected debits are re-credited to the electronic credit ledger, while Central and State tax authorities coordinate payment of their respective sanctioned components. Accumulated input tax credit refund is unavailable where GST drawback has been availed.

By: - K Balasubramanian
GST Council meeting frequency is examined against the requirement to hold at least one meeting in every financial-year quarter. The commentary identifies recurring quarters without meetings and urges regular quarterly meetings to address GST issues promptly. It also seeks reconsideration of registration thresholds, removal of blocked input tax credit restrictions for real-estate developers and builders, restraint in imposing maximum general penalties for curable procedural lapses without tax short-payment, and consistent, higher-quality adjudication to reduce avoidable litigation.

By: - ARCHANA JAIN
Classification of an undefined commodity under an HSN-based tax tariff is determined by its common, commercial and trade understanding. Soft serve sold directly to consumers may be understood as ice cream despite its milk-fat content, semi-frozen state or method of production. Technical meanings apply only where the tariff uses technical terminology or statutory notes require a technical test. Food-safety definitions, quality standards and minimum composition thresholds cannot be mechanically imported into a fiscal tariff because regulatory and revenue laws serve different purposes.

Proceedings Beyond Death - Notice Must Reach the Living
Articles Goods and Services Tax - GST
By: - Raj Jaggi
Section 93 preserves GST liability after a taxable person's death but changes the person against whom it may be enforced. If business is discontinued, a legal representative is liable only from the inherited estate and only to its available extent. Proceedings must therefore be initiated against the legal representative through notice, hearing, and inquiry into the estate; they cannot continue against the deceased proprietor. Separately, retrospective Section 16(5) relief must be considered in pending matters where its conditions for input tax credit are met, notwithstanding an earlier denial under Section 16(4).

SEARCH & SEIZURE IN GOODS AND SERVICES TAX
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
GST search and seizure requires a Joint Commissioner-level proper officer to have reasons to believe that confiscation-liable goods or records useful or relevant to proceedings are secreted at a place. Search may cover any premises or vehicle and may be conducted personally or through an authorised officer. On denial of access, authorised officers may seal or break open premises, electronic devices, boxes or receptacles where relevant goods or records are suspected to be concealed. Authorisation is issued in FORM GST INS-01 and seizure requires FORM GST INS-02.

By: - Bimal jain
Wrong-head GST payment occurs when IGST is paid on supplies later identified as intra-State supplies attracting CGST and SGST. Section 77(2) of the CGST Act excludes interest on the corresponding correct-head liability. Read with Rule 92 of the CGST Rules, the framework supports adjustment of tax paid under the incorrect head against outstanding liability under the correct head, with an adjustment order in FORM GST RFD-07. The approach treats inadvertent misclassification as revenue-neutral and avoids duplicate tax recovery, interest, or penalty, subject to verification of the supply classification and tax already remitted.

LIMITATION FOR REFUND OF CUSTOMS DUTY
Articles Customs - Import - Export - SEZ
By: - DR.MARIAPPAN GOVINDARAJAN
Customs-duty refund claims under section 27 must generally be filed within one year. Where duty becomes refundable because of an appellate order, limitation runs from that order's date. Claimants must ordinarily show that duty incidence was not passed on, failing which the amount is credited to the Consumer Welfare Fund, subject to exceptions. A refund sought more than one year after appellate relief against finalised provisional export assessments is treated as time-barred; a pending departmental challenge does not change the limitation trigger.

By: - YAGAY and SUN
Temporary trade-facilitation measures allow foreign-destination cargo diverted to Indian ports to be unloaded, stored, handled, repacked where necessary, and transhipped or re-exported under Customs control. Full Container Load, Less than Container Load, liquid bulk, break bulk and solid/dry bulk cargo are covered, subject to prescribed conditions. Safeguards include approved custodians, inventory records, bonds or undertakings, quantity verification, Customs supervision and secure inter-station movement. The cargo cannot be cleared for home consumption or diverted into the Domestic Tariff Area.

By: - YAGAY and SUN
Personal postal imports through Foreign Post Offices are processed through an electronic, risk-based procedure using the FPO Import Application and the Risk Management System. Electronic Advance Data may permit pre-arrival assessment, while physical examination is generally limited to risk-selected or otherwise identified articles; reasons for examining facilitated articles must be recorded. Document Call Letters should be specific and consolidated. Where no adequate response is received within 30 days, assessment may proceed on available information. Delivery requires a Customs clearance order and payment or realisation of applicable duty. Commercial postal imports remain outside this procedure.

By: - YAGAY and SUN
ISO 31010:2019 guides the selection and application of risk assessment techniques within risk management processes aligned with ISO 31000:2018. Risk assessment comprises identification, analysis, and evaluation of risks, including their sources, causes, likelihood, consequences, and existing controls. Organisations select methods according to objectives, risk complexity, information availability, industry requirements, and decision-making needs. Techniques include brainstorming, checklists, FMEA, HAZOP, fault and event tree analysis, Bow-Tie Analysis, risk matrices, Monte Carlo simulation, and scenario analysis. Implementation requires documented assessments, periodic review, suitable expertise, and adaptation to changing conditions.

By: - YAGAY and SUN
Hoshin Kanri aligns long-term organizational vision with measurable strategic objectives, departmental targets, action plans and daily employee activities. It emphasizes focused breakthrough objectives, catchball-based two-way communication, accountability through tools such as the X-Matrix, and performance monitoring through key performance indicators. Progress is regularly reviewed, with corrective action and plan modification where targets are not achieved. Effective use depends on leadership commitment, clear communication, limited priorities and adequate measurement systems, supporting coordinated execution and continuous improvement across manufacturing and service functions.

By: - YAGAY and SUN
Just-in-Time (JIT) requires goods, materials and components to be produced or delivered only in the quantity and at the time required by actual demand. It reduces inventory, overproduction, storage costs, delays, defects and other waste through demand-based production, continuous workflow, supplier collaboration and quality control at every stage. Successful adoption requires reliable supply networks, accurate forecasting, flexible operations, employee training, quality management and digital inventory tools. In manufacturing and services, JIT can improve resource utilisation, responsiveness, productivity and sustainability.

2026 (8) TMI 1450
Case Laws Indian Laws
Service-rule amendment power includes rescission, while non-tabling without prescribed consequences does not invalidate an otherwise valid promotion-rule change.
Statutory power to frame service rules includes power to amend, vary or rescind them under Section 21 of the General Clauses Act. Deletion of the promotion bar for technical employees was valid because it was ordered by the Registrar; communication by the Additional Registrar did not affect the exercise of that authority. A legislative laying requirement using "shall" is directory where it prescribes no consequence for non-compliance and does not make tabling a condition precedent to operation. Accordingly, non-tabling before the Legislative Assembly did not invalidate the amendment, and the employee's promotional status, seniority, consequential benefits and partial back wages were restored.

2026 (8) TMI 1451
Case Laws Central Excise
Reasoned refusal of low-value penalty appeals remains mandatory; monetary limits alone cannot justify non-admission.
The second proviso to Section 35B(1) permits the Appellate Tribunal to refuse admission of specified appeals involving a fine or penalty within the prescribed monetary limit, but does not remove its duty to give reasons. As a statutory quasi-judicial forum, the Tribunal must consider the appeal on its merits and record why admission is unwarranted. A refusal based solely on the monetary limit, without reasoned consideration, is invalid; the matter was resolved in favour of the assessee.

2026 (8) TMI 1452
Case Laws SEBI
Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.
Section 12A requires pre-litigation mediation before a commercial suit unless the suit genuinely contemplates urgent interim relief. Urgency requires a holistic assessment of the suit's nature, subject matter, cause of action and pleaded circumstances from the plaintiff's standpoint; an interim-relief prayer cannot merely circumvent mediation. Urgent disclosure and asset-protection relief was warranted where investors alleged misappropriation, asset details had not been updated, and claims were received and aggregated over time. The commercial suit therefore fell within the urgent-interim-relief exception, and non-compliance with pre-litigation mediation did not require rejection of the plaint.

2026 (8) TMI 1453
Case Laws Customs
Proportionate Customs Broker discipline permits monetary penalty over licence revocation unless discretion is arbitrary, perverse, or unlawful.
Under the Customs Brokers Licensing Regulations, 2013, disciplinary authorities must assess proven breaches and impose proportionate consequences. Appellate interference with a discretionary decision to levy a monetary penalty instead of revoking a Customs Broker licence is limited to arbitrariness, perversity, or legal error; an appellate body cannot substitute its preferred view merely because another outcome is possible. Licence revocation, which affects business operations and livelihood, is not automatic for every regulatory breach. Proven misconduct must support the sanction, as suspicion alone cannot establish liability. In the absence of arbitrariness, perversity, or legal infirmity, a monetary penalty rather than licence revocation remains sustainable.

2026 (8) TMI 1454
Case Laws Customs
Prospective customs notification amendments cannot defeat provisional release requests for goods shipped before the amendment took effect.
Prospective operation of a customs notification amendment prevents its use to deny consideration of provisional release where shipment occurred before the amendment took effect. The Bill of Lading date is treated as the shipment date, consistent with the departmental position in similar matters. A request for provisional release under Section 110A of the Customs Act must therefore be considered under the pre-amendment position; goods may be released on compliance with lawful conditions. Determination of the applicable duty rate remains subject to independent statutory adjudication.

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