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By: - Raj Jaggi
Corporate guarantees between related persons may constitute supplies under GST even where no guarantee commission is charged, because Section 7 read with Schedule I covers specified related-party supplies made without consideration. This differs from the service tax framework, where consideration was essential to establish a taxable service and notional guarantee commission could not create taxability. Once supply is established under GST, valuation must be determined separately. General related-party valuation applied until 25.10.2023; Rule 28(2), effective from 26.10.2023, introduced a special corporate-guarantee valuation mechanism.
By: - YAGAY and SUN
Inventory-based cross-border e-commerce exports operate through an Exporter-on-Record that procures Indian goods from GST-registered Sellers-on-Record against confirmed overseas orders and assumes all export, logistics, compliance, returns and incentive-claim responsibilities. Export inventory must be export-designated, segregated, digitally identifiable and fully traceable, and may not enter domestic commerce. The Exporter-on-Record must pay sellers within seven days regardless of overseas payment, returns or cancellations. Export incentives must be shared with sellers according to FOB value after receipt, while GST refunds remain the Exporter-on-Record's entitlement.
By: - YAGAY and SUN
Input Tax Credit under Section 16(2)(c) of the CGST Act is discussed as conditional upon actual remittance to the Government of tax charged on the underlying supply. The article addresses denial or reversal of credit where a recipient has complied with invoice, receipt, payment, and reporting requirements but the supplier defaults in depositing tax. It describes ITC as a statutory concession tied to supplier compliance, while noting a mechanism for re-availment after payment by the supplier. The discussion identifies vendor due diligence, reconciliation, compliance monitoring, and contractual safeguards as measures to manage resulting credit risk.
By: - YAGAY and SUN
Customs and Foreign Trade Policy compliance requires a legally sustainable approach to grey areas involving tariff classification, valuation, origin, import permissions, actual-user conditions, export obligations, related-party pricing, digital records, and exemption notifications. Businesses should support decisions with technical and contractual evidence, verify origin and licence conditions independently, and maintain consistent customs, transfer-pricing, and royalty documentation. Proactive compliance through internal audits, notification reviews, transaction-specific records, staff training, preservation of electronic evidence, and planning-stage legal advice is essential to manage regulatory risk.
By: - YAGAY and SUN
International trade compliance requires coordinated management of customs classification, valuation, licensing, Rules of Origin, intellectual property, product standards, documentation and geopolitical risk. WTO principles and WCO customs instruments shape national trade measures, while origin criteria determine eligibility for preferential tariffs. Digital customs procedures require reliable electronic audit trails and reconciliation of declarations with business records. Non-tariff measures and supply-chain security requirements may affect market access and clearance. A structured compliance framework should include audits, classification and origin reviews, staff training, regulatory monitoring, complete records and timely clarification of ambiguous requirements.
By: - YAGAY and SUN
International trade compliance requires controls over tariff classification, customs valuation, Rules of Origin, licences, exemptions, documentation, sanctions, export controls, and intellectual property. Preferential tariff treatment depends on prescribed origin criteria and supporting records, not shipment location or supplier assurances. Importers and exporters remain legally responsible for compliance and should maintain documented policies, periodic audits, employee training, regular classification and valuation reviews, and processes to monitor regulatory changes. Transaction records should be complete and internally consistent, and exemption conditions, end-use requirements, and required approvals must be verified before and after import or export.
Condonation of delay requires evidence of reasonable diligence; unsupported non-receipt and consultant reliance did not justify delayed filing.
A delay in filing an appeal requires a supported explanation demonstrating reasonable diligence and justifiable cause. The stated non-receipt of the appellate order, reliance on an earlier tax consultant, and personal circumstances were unsupported by evidence of efforts to ascertain the appeal's status during the intervening period. The delay was therefore not condoned, and the issue was decided against the assessee.
Composition-tax benefit remains available when out-of-State liquor resale is separately taxed at the normal rate.
Composition-tax benefit for a restaurant business remains available where liquor, whose lawful production in the State is prohibited, is procured from outside the State and its resale is separately taxed at the normal rate. Section 14D of the Gujarat Value Added Tax Act and the retrospectively amended proviso to Rule 28C(6) permit this arrangement. A reassessment based only on a changed view of the applicable tax rate cannot withdraw the composition benefit, and a later cancellation of composition permission does not apply to an earlier assessment period. Relevant accounts and documents having been examined in audit assessment, the evidentiary objection lacks basis.
Manufacture requirement for excisability excludes fly ash arising as waste during coal-based captive electricity generation from central excise duty.
Fly ash generated as waste from burning coal for captive electricity production is not excisable because marketability alone does not satisfy the statutory requirement of manufacture or production. Combustion of coal to generate steam and electricity does not transform coal through a manufacturing process into a distinct new product; consequently, fly ash arising from that process is not manufactured goods. It is therefore not liable to central excise duty.
Unutilised cess credits do not gain cash-refund eligibility merely through GST transitional provisions or reversal after attempted transition.
Cash refund of unutilised Education Cess and Secondary and Higher Education Cess credit is unavailable under the GST transitional framework where no such refund was admissible under the pre-GST Cenvat Credit Rules. Section 142(3) permits refund claims relating to the earlier regime only to the extent they were otherwise legally refundable under that regime; it does not create an independent cash-refund entitlement. Credits that could not transition into GST and were reversed therefore remain ineligible for cash refund merely because they were unutilised on the appointed date.
Outward transportation credit under FOR destination contracts remained available before the amended CENVAT input-service definition took effect.
Before 01.04.2008, Rule 2(l) of the CENVAT Credit Rules, 2004 covered services used directly or indirectly for manufacture and clearance of final products, including business-related activities. Under FOR destination contracts, where the supplier remained responsible for delivery and retained ownership until the goods reached the buyer's premises, outward goods transport agency services up to those premises qualified for CENVAT credit. Credit admissibility did not depend on whether freight formed part of the transaction value for excise-duty purposes.
Unjust enrichment in excise refunds depends on proving whether duty incidence was passed on to consumers.
Refund of excise duty on UF/PF resin solution depends on the factual determination of whether the duty incidence was passed on to consumers. The claimant must be given an opportunity before the competent Assistant Commissioner to establish that it did not pass on the duty burden. If the incidence was passed on, retaining the refund would amount to unjust enrichment and the amount must be credited to the Consumer Welfare Fund. The matter was remitted for fresh determination, with protection from coercive recovery pending that decision.
Municipal completion certification can establish actual project completion, preventing service-tax liability based on later procedural approval.
Municipal certification issued after site verification by an authorised technical person and recording that a building was complete in all respects can establish the project's completion date for service-tax purposes. Where a later formal completion certificate is issued on the basis of that certification, the later approval is procedural and does not displace the earlier recorded date of actual completion. Accordingly, rejection of the municipal certificate dated 11.06.2010 did not support service-tax liability, interest or penalty.
Coal beneficiation as mining activity was outside Business Auxiliary Service until the separate mining service category took effect.
Beneficiation and washing of coal constituted mining activity and were not taxable as Business Auxiliary Service before 1 June 2007. The later introduction of a separate taxable category for services related to mining, without any amendment to the Business Auxiliary Service definition, confirms that the earlier general category did not cover those activities for the pre-introduction period. Accordingly, a tax demand on coal beneficiation or washing under Business Auxiliary Service for that period was unsustainable. The stated principle is that a newly introduced specific taxable service cannot retrospectively bring an activity within an unchanged pre-existing general category.
Original works valuation covered comprehensive showroom fit-outs, while forfeited purchase advances and fire-loss reimbursements were not taxable services.
Showroom fit-out contracts converting bare newly constructed commercial shells into functional showrooms through flooring, ceilings, partitions, HVAC, fire-suppression and plumbing systems qualify as original works under the works-contract valuation rules. Service tax was therefore correctly discharged on the prescribed portion of the works-contract value, and the related demand was unsustainable. Customer advances forfeited after abandonment of goods purchases did not arise from any service and were not taxable consideration. Reimbursement for goods lost in a showroom fire compensated loss rather than any service rendered and was likewise not taxable. With no taxable basis for any component, the associated penalties could not survive.
Pure-agent reimbursements for third-party expenses remain outside taxable value when Rule 5(2) conditions are satisfied.
Reimbursements received for payments made to third parties on a service recipient's behalf are excluded from the taxable value of clearing and forwarding services where the provider acts as a pure agent. Exclusion applies when the expenses are incurred for the recipient, paid to third parties, recorded and adjusted in the provider's books, and recovered from the recipient, satisfying the conditions under Rule 5(2). Such qualifying pure-agent reimbursements are not subject to service tax; related tax demand, interest and penalty are unsustainable.
Manufacture exclusion from business auxiliary service remained undecided after Revenue withdrew its low-value appeal before final determination.
Electroplating job work that converts inputs into a finished article is treated as manufacture and falls outside business auxiliary service. Exemption under Notification No. 8/2005-ST may apply to goods produced for a client where Notification No. 24/2003-CE is conditional rather than unconditional. The Revenue withdrew its appeal because of low monetary value, and the Supreme Court dismissed it as not pressed, without determining the substantive service-tax issues.
Bona fide purchaser claims over attached plots require proof of payment, valid transactions, and absence of collusion.
Claims for release of attached villa plots by alleged bona fide purchasers require verification of consideration payments, allotment cancellations, sale agreements and possible collusion with accused persons. Substantial payments and alleged vendor misdeclarations may support the claims, but the absence of executed sale deeds, incomplete payment proof and missing agreements prevents a conclusive determination. Entitlement to protection as bona fide purchasers remains for determination by the Special Judge under the Prevention of Money Laundering Act, 2002. The Enforcement Directorate may verify the claims and report to that court, where relief for restoration of property may be sought under Section 8(8).
Resolution plan distributions remained enforceable because the pending Supreme Court challenge carried no stay on redistribution directions.
Redistribution and disbursement under an approved resolution plan were not restrained because an earlier appellate judgment had crystallised the admitted claim, directed the Monitoring Committee to redistribute the allocated amount, and required determination of escrowed amounts. As the challenge to those directions was pending before the Supreme Court without any stay on distribution, reconsidering the same relief through the application was considered inappropriate. The request to restrain redistribution or distribution was therefore refused.
Fraud classification orders remain valid when audit findings are adopted and affected parties receive a meaningful opportunity to respond.
Fraud classification requires a bank to demonstrate application of mind and procedural fairness, though its order need not contain reasons equivalent to a judicial judgment. An order may adequately disclose reasons by incorporating transaction-audit findings identifying diversion of funds through an undisclosed account, related-party dealings, unjustified transfers, and interest-free loans and advances. Natural justice is satisfied where affected persons receive the draft and final audit materials, access to relevant records, and a reasonable opportunity to respond to the show-cause notice. A vague request for additional time may be refused where those opportunities were not used.