CLASSIFICATION OF AIRCRAFT PARTS: SPECIFIC USE OR GENERIC USE?

  • Category: assessment and litigation
  • Date: 15-03-2021
  • Writers: CA Akbar Basha, Narendra Nimmala

Classification of goods is key concept in indirect taxation. It impacts rate of tax/duty, exemptions, preferential duties, import restrictions, etc. Classification of goods.  needs to be done without prejudice, taking various factors into consideration, such as, description of the goods, raw materials used, end use, understanding of the product in the market, etc. One of the key classification issues faced by taxpayers is classification of parts used in the manufacturing industry. In the...

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Legal update from the Judiciary – Dec 2020

  • Category: assessment and litigation
  • Date: 11-01-2021
  • Writer: CA Ravi Kumar Somani

 

1) Students hostel whether to be treated as a residential dwelling for the purpose of claiming exemption:

‘Residential dwelling’ when used as ‘residence’ is exempt from tax net, however what constitutes ‘residence’ is a subject matter of dispute in as much as whether the usage be looked at from the lessee’s point of view or based on its ‘end’ use. Now, lessee when lets it out to students for hostel purpose is a commercial usage but a student when ultimately uses it...

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