Regulatory Updates:
- Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair (GAER) for Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) items. Compliance requirements include bills of entry, proof of repair obligation, and AEO certification.
- Pet Clearance: The CBIC clarified that imported pet dogs and cats can enter only through specified airports and ports.
2. Courtroom Updates:
- Power of Arrest: The Supreme Court confirmed that customs and GST officers can arrest individuals based on a "reason to believe" they committed an offense, with mandatory written grounds for arrest.
- Resolution Plan & Tax Dues: The Patna High Court ruled that tax liabilities are extinguished once a corporate resolution plan is approved by NCLT.
- Mobile Chargers Taxation: The Supreme Court ruled that mobile chargers sold with phones are taxed as part of the phone itself.
- Coercive Tax Recovery: The Karnataka High Court ruled that coercion to pay taxes without an adjudication order is unconstitutional.
- IGST Clarification: The Delhi High Court ruled that IGST cannot be levied retroactively on re-imported repaired aircraft parts, deeming certain notifications unconstitutional.
3. Taxation Clarifications:
- Penalty Application: The Madras High Court ruled that general penalties under Section 125 of CGST cannot apply when a specific late fee provision is present.
- Service Tax on Penalties: The Delhi CESTAT ruled that service tax cannot be levied on penalty recoveries from contractors, as they do not qualify as taxable services.
No comments:
Post a Comment