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By: - Raj Jaggi
GST appeal limitation under Section 107 runs from communication of the order challenged and is not automatically suspended or restarted by rectification under Section 161. Though the Limitation Act does not directly apply to GST appellate authorities and delay beyond the statutory outer limit cannot be condoned, Section 14 principles may exclude time spent pursuing rectification. Exclusion requires the same matter and parties, diligence, good faith and a reasonable basis for a patent error. Rectification cannot be used to reopen disputed merits, introduce fresh evidence or obtain an indirect extension of appeal time.
By: - YAGAY and SUN
Eligible INR export realisations for exports to countries other than Nepal and Bhutan may receive export benefits, incentives, and recognition towards fulfilment of export obligations on par with foreign-currency realisations, where proceeds are received through banking channels by credit to INR accounts of persons resident outside India opened under the applicable deposit regulations. The change applies within the Foreign Trade Policy framework and does not remove scheme-specific conditions, documentation obligations, or FEMA and Reserve Bank compliance. GST refund and zero-rated supply treatment remain governed separately by GST law and applicable procedures.
By: - YAGAY and SUN
Indian anti-dumping duty is a trade-remedy measure requiring legally determined dumping, injury to the domestic industry, and a causal link. The Directorate General of Trade Remedies investigates product scope, normal value, export price, dumping margin, like article, domestic industry, injury, and causation, but its findings and recommendations do not themselves create a levy. Enforceable liability arises through a Central Government notification, after which Customs assesses and collects duty. Importers must verify the notified product scope, origin, export country, producer or exporter identity, applicable rate methodology, effective period, and supporting import documentation.
By: - YAGAY and SUN
Environmental compliance is a continuous corporate legal and governance obligation requiring prior approvals, preventive safeguards, monitoring, documented compliance and remediation throughout a project's lifecycle. Regulated activities should not commence while environmental clearances, consents or other mandatory approvals remain pending, and post-facto regularisation is not an alternative to prior approval. Environmental compensation under the Polluter Pays Principle is restorative and deterrent, with exposure extending to remediation, delays, closure directions and financial risk. Companies should maintain approval matrices, compliance records, periodic audits, environmental due diligence and board-level reporting for material risks.
By: - YAGAY and SUN
Legal Metrology compliance for pre-packaged commodities requires more than correct label content. Applicable declarations, including responsible-person identity and address, net quantity and MRP inclusive of taxes, must be displayed in the prescribed manner on the Principal Display Panel. Net quantity is assessed with the applicable Maximum Permissible Error framework. Revised MRP, unit sale price, QR-code disclosures and wholesale-package treatment require compliance with their specific mechanisms. Registration of manufacturers, packers and importers remains an independent obligation, while sector-specific requirements may apply alongside packaged-commodity controls.
By: - YAGAY and SUN
WFH is a digitally enabled workplace model whose effectiveness depends on technology, organisational capability and the nature of the role. It can reduce commuting, resource use and operating costs while supporting flexibility, global talent access, inclusion and business continuity. Risks include weaker collaboration and organisational culture, employee isolation, blurred work-life boundaries, performance-management difficulties, unequal home-working conditions and cybersecurity and data-protection exposure. Role-based policies are necessary because knowledge-intensive digital work is generally suitable for remote delivery, whereas roles requiring physical presence, specialised equipment or direct services are not. Hybrid work can combine remote focus with on-site collaboration and training.
Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.
Public procurement technical evaluations must follow disclosed, objectively verifiable criteria and include recorded, communicated reasons for scoring and disqualification. A challenge to parameter-wise marks is not barred by res judicata where prior proceedings did not assess undisclosed evaluation material and later disclosure creates a fresh cause of action. Judicial review does not reassess technical merits but examines legality of the decision-making process. Unexplained differential scoring of similar bids, undisclosed comparative standards, absent evaluation summaries and inadequate debriefing violate transparency, equality and fair administrative action. Numerical marks alone do not satisfy requirements to record and communicate reasons. The technical evaluations and resulting tender awards were set aside, requiring fresh lawful and transparent procurement while maintaining public-service continuity.
Judicial review of CENVAT-credit adjustment rejection remains limited where Settlement Commission verification reveals no jurisdictional infirmity.
Judicial review of Settlement Commission orders made in discretionary jurisdiction is limited to statutory contravention, prejudice, fraud, bias, mala fides, or comparable jurisdictional defects. The adequacy and evidentiary value of material offered to substantiate reversal of CENVAT credit remain within the Settlement Commission's domain and cannot be reassessed in writ proceedings as though on appeal. A request for statutory records and invoices to verify the reversal was within the scope of an earlier remand permitting further information. As no jurisdictional infirmity was established, rejection of the claimed CENVAT-credit adjustment remained undisturbed.
Imported-goods insurance included in customs value cannot attract a separate reverse-charge service tax levy on the same component.
Service tax under reverse charge was not payable on overseas insurance or comprehensive cover for imported goods where the insurance cost formed part of the customs transaction or assessable value. Although Section 66B and the Place of Provision of Services Rules, 2012 could otherwise treat the recipient's location as the place of provision, a separate levy on the same insurance component was unsustainable when that cost was already included in the imported goods' value and no other taxable service was involved. The reverse-charge demand was therefore unsustainable.
Overburden disposal arrangements attract service tax when third-party sale proceeds compensate performance of a mining lessee's obligation.
Nil-value transfers of overburden styled as sales may constitute taxable declared services where the recipient performs the mining lessee's disposal obligation and collects proceeds from third-party purchasers. Those proceeds form the gross consideration for the service. Periodic royalty and permit fees paid for permission to remove overburden are contractual consideration for mineral rights, not taxes; they fall outside the exemption confined to one-time upfront charges for assignment of natural-resource rights and remain subject to service tax. Nil-value invoices and an asserted sale arrangement that conceal the actual service relationship may support invocation of the extended limitation period for suppression.
Third-party reimbursements excluded from Customs House Agent service value before the prospective valuation amendment took effect.
Pre-14 May 2015 valuation of Customs House Agent services excluded genuine reimbursements of third-party expenses incurred on clients' behalf, where those recoveries were not consideration for the taxable service. Section 67 limited taxable value to the gross amount charged for the service, and Rule 5(1) could not expand that statutory base by adding expenditure incurred in providing it. Recoveries paid to port authorities, steamer agents, CFS operators and other third parties therefore fell outside taxable value. The subsequent amendment including reimbursable expenditure applied prospectively. Consequently, a service-tax demand founded on such reimbursements, along with dependent interest and penalties, was unsustainable.
Show cause notice deficiencies defeat reclassified service-tax demands, while disclosed classification disputes cannot justify extended limitation or penalties.
Service-tax demands require a show cause notice to identify the taxable activity, legal basis and material facts; adjudication cannot sustain liability on a new classification or factual foundation. Accordingly, demands concerning management training, translation and other receipts fail where the notices lacked foundational allegations. Disclosed hall-hire receipts involving a classification dispute do not establish suppression or intent to evade tax, so extended limitation is unavailable; defective pleading also defeats the remaining demand. Japanese-language training qualifies for the separate recreational-training exemption, and a later amendment narrowing vocational training operates only from publication. Without deliberate evasion, penalties are not imposable.
FOR-destination sales can support outward freight credit where transit risk and ownership remain with the seller until delivery.
FOR-destination sales may treat the buyer's premises as the place of removal where contractual and contemporaneous evidence shows that freight is included in the sale value, transit risk remains with the seller, and property passes on delivery. Outward GTA services up to that point qualify as input services for CENVAT credit. Manpower supply used for production, packing, maintenance, storage and related manufacturing activities, and godown or depot rent for storing finished goods, may qualify as input services subject to invoice, tax-payment and procedural verification. Extended limitation for reverse-charge GTA liability requires proof of fraud, collusion, wilful misstatement, suppression, or intent to evade tax; audit detection alone is insufficient.
Liquidation estate inspection may identify disputed premises without deciding third-party title, possession, or ownership rights.
Inspection and measurement of premises claimed for the liquidation estate may be directed to identify and segregate the relevant area without adjudicating disputed third-party title or possession. Section 60(5) covers matters arising from or relating to liquidation, but does not ordinarily permit determination of complex ownership and possession disputes between third parties. A limited inspection direction neither determines title nor disturbs possessory rights, and any subsequent action by the liquidator must comply with law.
SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.
Writ intervention at the inception of arbitration under the SEBI online dispute resolution framework is confined to demonstrable lack of authority, breach of the governing framework, or a patent jurisdictional defect. Round-robin allocation of a complaint to an ODR institution must account for qualifications concerning the relevant stock exchange, but non-listing of securities on the administering exchange alone does not establish a patent absence of authority. Allocation, limitation, locus, maintainability, repeated proceedings, res judicata, abuse of process and arbitrability must be determined by the arbitral forum. Following failed conciliation, participation in arbitration is required without waiving legally sustainable objections.
Interim asset-preservation status quo continues until valuation and determination of the proposed shareholder buyout are completed.
Interim status quo protecting the company's assets continues pending appointment of a valuer and determination of the proposed buyout of the appellant's shareholding. The valuation process had not begun because no valuer had been appointed, and preservation of the existing position remained necessary until that process could proceed. Allegations of oppression and mismanagement were not adjudicated in the appeal.
PCR diagnostic system classification as an optical checking instrument triggers standard customs duty and import IGST treatment
Automated PCR-based diagnostic systems that process specimens through lysis, extraction, amplification and fluorescence detection, then compare signals against assay-specific criteria to produce positive or negative results, are classified as optical measuring or checking instruments under tariff item 9031 49 00. Classification follows Rule 1 of the General Rules for Interpretation because the system does not determine a specimen's property, composition, concentration or quantity, as required for classification as an instrument for physical or chemical analysis under heading 9027. Licensing for in-vitro diagnostic use does not control tariff classification. The applicable basic customs duty is 7.5% ad valorem, with import IGST at 18%, rather than the concessional treatment claimed under heading 9027.
Redemption of confiscated imported goods requires duty and interest, while forged documents support timely confiscation proceedings.
Forged import documents render a Bill of Entry and registration records legally ineffective, and detection of fraud permits confiscation action to proceed within the extended limitation period. A purchaser must exercise due diligence regarding the genuineness of import documents. Where confiscated goods are redeemed under Section 125, duty and consequential interest on delayed payment arise in addition to redemption fine. Bona fide acquisition and deletion of penalty may justify mitigating the redemption fine, but do not remove liability for duty, interest, or confiscation arising from a fraudulent import.
Excess DEPB credit recovery lies outside Customs demand powers when no import-duty short levy is involved.
Customs cannot recover alleged excess DEPB credit under Section 28 of the Customs Act, 1962, where the claim concerns export benefit computation rather than short levy of duty on a specified import transaction. DEPB credit remains distinct from customs duty, even if the scheme is characterised as an exemption mechanism. Questions concerning cancellation or reduction of allegedly excess DEPB credit fall within DGFT jurisdiction. On this basis, recovery proceedings under Section 28, along with consequential interest and penalties, were not sustainable. The analysis also applies judicial discipline by following a materially identical earlier Bench decision.
Country-of-origin misdeclaration triggers Pakistan-origin tariff classification and enhanced customs duty where container tracking proves Karachi loading.
Brass scrap shown as originating in the UAE is treated as originating in Pakistan where matching container and seal records establish loading at Karachi and transit through Jebel Ali without unloading or reloading, corroborated by statements that only the bill of lading date changed. Pre-shipment inspection certificates cannot establish UAE origin without an actual UAE inspection. Once Pakistani origin is established, the goods fall under tariff item 98060000 and attract the enhanced customs duty prescribed for goods originating in or exported from Pakistan. Reassessment may consequently sustain confiscation, redemption fine and penalties for origin misdeclaration.