Royalty Under Mining Lease Executed Before 1 April 2016 Not Taxable; CESTAT Delhi Remands Service Tax Demand Case

The New Delhi Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has remanded a service tax demand raised on mining royalty paid to the State Government, holding that where the mining lease was executed prior to 1 April 2016, the applicability of service tax must be examined in light of the negative list regime under the Finance Act, 1994 . The Bench, comprising Ms. Binu Tamta (Judicial Member) and Ms. Hemambika R. Priya (Technical Member), noted that the...

[Bihar Excise Act] Patna High Court Slashes 90% Penalty On Insurance Declared Value Of Seized Motorcycle To 10% In Liquor Case

The Patna High Court has relaxed an excessive penalty of 90% of Insurance Declared Value (IDV) to 10% on a motorcycle seized in a liquor-related offence. A Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey held that, considering the quantum of liquor (18 litres), applying Rule 12A of the Bihar Prohibition and Excise Rules, 2021, which prescribes 10% of the insured value as the minimum penalty. The police intercepted the petitioner while riding his...

GST | ITC Not Available On Construction Of Warehouse Used For Storage Or Leasing: Gujarat AAR

The Gujarat Authority for Advance Ruling (AAR) has held that input tax credit (ITC) is not admissible on goods and services used for construction of a warehouse or shed, even when such warehouse is used for providing taxable storage and warehousing services or is leased out for business purposes. The ruling was delivered by the bench of CGST Member Vishal Malani and SGST Member Sushma Vora in the application of a registered GST assessee engaged in providing storage and warehousing...

HSNS Cess | CBIC's Flyer On Health Se National Security Cess, Monthly Cess Payable By Feb 07, Return Due By March 20

The Central Board of Indirect Taxes and Customs (CBIC) has issued informative flyers relating to 'Capacity Based Excise Duty' and Health Se National Security Cess (HSNS) payable by manufacturers of Pan Masala, Tobacco from February 01 2026. With the introduction of the Health & National Security Cess and Additional Excise Duties on Pan Masala, Tobacco and Other Allied Products, the GST Compensation Cess will cease to exist. HSNS is levied for the purposes of meeting expenditure on...

GST| Tobacco In Small Retail Packs Classifiable As 'Chewing Tobacco': Gujarat High Court

The Gujarat High Court, in a bunch of matters concerning classification of Raw Tobacco Leaves packed and sold in retail pouches, were classifiable as 'Chewing Tobacco' irrespective of whether it was scented, fermented or liquored and re-packed or re-labelled. In a recent judgment delivered by a Division Bench comprising Justice Bhargav D. Karia and Justice Pranav Trivedi, rejected the Tobacco Manufacturers stance that Tobacco without being fermented or liquored ceases to be a “Chewing...

GST Registration Cancellation Unsustainable When Hearing & Decision Were Made By Different Authorities: Calcutta High Court

The Calcutta High Court held that a GST registration cancellation order is unsustainable where the personal hearing is granted by one authority, but the final order is passed by another. Justice Om Narayan Rai stated that, interestingly, while the notice for personal hearing was issued by the Assistant Commissioner, CGST & CX, Burrabazar Division, but the order impugned has been passed by the Superintendent. The order therefore defies the very well-settled principle that an order...

Customs Act | Wrong Classification Alone Cannot Trigger Section 111(o) Without Breach Of Exemption Conditions: CESTAT Delhi

The New Delhi Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that mere denial of a customs exemption due to wrong classification of goods does not, by itself, render the goods liable to confiscation under Section 111(o) of the Customs Act, 1962, unless the exemption was conditional and such condition stood breached. The Tribunal clarified that where the Revenue's case is that the importer was not entitled to the exemption at all, and not that...

Foreign Trade Policy | Natural Honey Exports Capped At USD 1,400 Per Metric Ton Till March 2026, Notifies DGFT

The Directorate General of Foreign Trade (DGFT) has notified that Minimum Export Price (MEP) for Natural Honey will be USD 1,400 per metric ton and exports below this price would not be permitted. In a Notification dated December 31, 2025, DGFT has notified extension by revising the Export Policy condition for Honey falling under tariff heading ITC HS 04090000 till March 31 2026, with immediate effect. The MEP mechanism for natural honey was first introduced in March 2024 and later ...

Union Govt Notifies Trade Deals With New Zealand, Switzerland, Norway & Iceland; Eliminates Duty On 100% Of Indian Exports

The Ministry of Finance, Department of Revenue has notified 100% Duty-Free Exports under four major Free Trade Agreements with New Zealand, Switzerland, Norway and Iceland. Indian exports would be partially exempt from various Rates like Basic Customs Duty and fully exempt from Agriculture Infrastructure and Development Cess as well as Health Cess. India also concluded two more Free Trade Agreements with Oman under a Comprehensive Economic Partnership Agreement (CEPA) and United ...

Notification Defining Jurisdiction Does Not Automatically Empower All Officers To Invoke S. 122 CGST Act: AP High Court

The Andhra Pradesh High Court held that a notification merely defining or fixing the territorial jurisdiction of officers cannot be construed as conferring the power to initiate penalty proceedings under Section 122 of the CGST Act. Section 122 of the Central Goods and Services Tax (CGST) Act, 2017 is the primary provision defining various GST-related offences and the specific monetary penalties applicable to them. Justices R. Raghunandan Rao and T.C.D. Sekhar examined whether...

Flavoured Milk Is Not 'Beverage'; Taxable At 5% GST: Karnataka High Court Provides Relief To Dodla Dairy

The Karnataka High Court held that flavoured milk qualifies as a dairy product under Tariff Heading 0402 and not as a 'beverage' under Tariff Heading 2202. Consequently, GST at 5% will be applicable on flavoured milk instead of 12%. Justice S.R. Krishna Kumar examined the classification of the flavoured milk under the GST, considering whether it falls under Tariff Heading 2202 (beverages containing milk) or under Tariff Heading 0402 (milk and cream, containing added sugar or...

Tax Monthly Digest: December 2025

SUPREME COURTCentral Excise Exemption For Cotton Fabrics Not Available If Any Interlinked Process Uses Power : Supreme CourtCause Title: COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX, RAJKOT VERSUS NARSIBHAI KARAMSIBHAI GAJERA & ORS.The Supreme Court has held that manufacturers cannot claim central excise duty exemption for processed cotton fabrics if power is used at any stage of the manufacturing chain, even when the work is carried out through separate units. The Court...