Tax Updates - Daily Update

Invocation of a continuing guarantee by demand was treated as the point when liability became enforceable, so the Section 95 insolvency application against the personal guarantor was held to be within limitation because the demand notice preceded the filing date. The creditor's debt and default were found sufficiently established through the guarantee and acknowledgment, audited...

Imported parts of diesel engines and earth-moving equipment were found to fall under Customs Tariff Heading 8483, but the dispute centred on the applicable IGST entry. The Tribunal held that Notification No. 35/2017-IT(RT) specifically inserted plain shaft bearings at Sl. No. 369A in Schedule III, attracting IGST at 18%, and simultaneously omitted "plain shaft bearings" from Sl....

Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's...

Declared transaction value for mixed consignments of used garments cannot be rejected merely because it is lower than contemporaneous imports; the department must show reliable comparability in quality, condition, quantity and commercial level, and any additional consideration. On that basis, enhanced valuation was set aside and the declared value accepted. Second-hand garments ...

Interest under section 234B was held not leviable where the assessee computed and paid advance tax in accordance with the law then in force, and the shortfall arose only because ICDS applicability was later deferred by a retrospective legal change. The Tribunal held that default in advance tax must be tested on the basis of the law existing when the assessee was required to esti...