News
53rd GST Council Meeting – Highlights of Circulars issued by CBIC
28 June 2024
The Central Board of Indirect Taxes and Customs has on 26 June 2024 issued 16 Circulars (Circular Nos. 207 to 222/2024-GST) to clarify various issues as also highlighted in the 53rd GST Council Meeting. A summary of all these Circulars is provided here.
53rd GST Council Meeting – Highlights of certain measures covering trade facilitation and law & procedure
23 June 2024
GST Council Meeting presided by the Hon’ble Union Finance Minister was held on 22 June 2024 in New Delhi. The Council meeting held after more than 8 months, and the first after the General Elections, has recommended many trade facilitation measures along with many other measures relating to GST law and procedures. The Council has also recommended many changes in the GST rates for both goods and services.
Medicament or cosmetic – Telangana HC upholds assessee’s view on classification of certain Ayurvedic products as medicaments
20 June 2024
The Telangana High Court has held that the products Navaratan Oil, Gold Turmeric Ayurvedic Cream, Boroplus Antiseptic Cream, Boroplus Prickly Heat Powder and Sonachandi Chavanprash, are medicaments (drugs) and not cosmetics under the Andhra Pradesh General Sales Tax Act, 1957.
Solar power generation under MOOWR is valid – CBIC Instruction dated 9 July 2022 quashed
20 May 2024
The Delhi High Court has held that the statutory scheme underlying the MOOWR Regulations cannot be construed as seeking to exclude solar power generation in terms of permissions granted under Section 65 of the Customs Act, 1962. According to the Court, neither Section 61 nor Section 65 can be justifiably construed as incorporating an inherent or implied exclusion of solar power generation.
Patents – Method for compressing digital media – Delhi High Court sets aside objections under Section 3(k) relating to computer programme
08 May 2024
The Delhi High Court has directed for grant of a patent titled ‘Reversible 2-Dimensional Pre-/Post-Filtering for Lapped Biorthogonal Transform’, which was related to a digital media (e.g., video and image) processor and the manner in which the processor is programmed for compression of two-dimensional digital media using lapped transforms.
Valuation of exports – Amount paid by foreign buyer to overseas agent of Indian exporter is not includible
06 May 2024
The CESTAT Hyderabad has set aside the Order-in-Original passed by Commissioner of Customs (Preventive) demanding customs duty on export of iron ore fines wherein the overseas buyer had directly paid commission to overseas agent of the Indian exporter.
GST – Penalty under Section 122(1A) can only be imposed on a ‘taxable person’
03 May 2024
The Bombay High Court has set aside the show cause notice invoking the provisions of Section 122(1A) and Section 137 of the CGST Act, 2017 to impose huge penalty and to initiate prosecution against the petitioner, who was an individual and employee (Senior Tax Operations Manager cum Authorised Person) of the company against whom demand was raised.
Access to a bowling alley – Service other than fun/recreation in any part of such facility is not material for coverage under Negative list
01 May 2024
The CESTAT New Delhi has set aside the order which had disallowed the assessee from being covered under the scope of Section 66D(j) of the Finance Act, 1994 (Negative List – Admission to entertainment events or access to amusement facilities), as the assessee provided services other than bowling alley activity also at the centre.
Trademark Registrar has no authority to restrict choice of colours – Applicant has right to choose colours
10 April 2024
The Madras High Court has held that the Registrar of the Trademarks does not have the authority to impose restriction on the choice of the colours.
Strapping together of tyres, tubes and flaps for replacement market, is not ‘deemed manufacture’
22 March 2024
The CESTAT Mumbai has held that strapping together of tyres, tubes and flaps, referred as ‘TTF’, at the premises of logistics service provider, for dispatch to dealers for catering to replacement market for bus/lorry operators, is not ‘manufacture’ under Section 2(f)(iii) of the Central Excise Act, 1944.