The Supreme Court of India clarified that a 'part' of machinery must functionally participate in the machine’s operation, while structures that merely support do not qualify. It reaffirmed that tariff classification is a rule‑based exercise grounded in the Customs Tariff and HSN, and that end‑use is not determinative unless the tariff allows it. The ruling also confirmed that HSN explanatory notes carry binding interpretive value.
The Court held that a 'part' must functionally participate in the machine’s operation; structures that merely support or hold equipment do not qualify as parts.
No, end‑use is not determinative unless the tariff itself allows use‑based classification; classification is locked at import based on physical characteristics.
HSN explanatory notes are binding where Indian tariff entries mirror the HSN, giving them interpretive authority.
They were classified as structures under heading 7610, not as parts of agricultural machinery under heading 8436.
The starting point is General Rule for Interpretation 1 (GRI 1), a non‑negotiable rule‑based exercise.
Get VAT and indirect tax news delivered to your inbox twice a week.
No spam. Unsubscribe anytime.
TaxScan · 5 days ago
The Madras High Court has ruled that input tax credit (ITC) claimed by dealers is provisional until they provide proof of the underlying sale transaction. The court directed the dealer to submit the required documentation, emphasizing that ITC cannot be confirmed without supporting evidence. This decision underscores the importance of maintaining proper records for GST compliance.
IRISGST · 7 days ago
The article presents the GST compliance calendar for January 2026, detailing key due dates for monthly returns, payments, and the annual return. It serves as a reference for businesses to plan filing and payment schedules. The calendar is hosted by IRISGST and includes an interactive selector for other months and years.
Business Standard · 11 days ago
India rolled out Next Generation GST Reform (GST 2.0) in September 2025, introducing a simplified two-slab structure of 5% and 18% to replace the previous four-slab system, easing compliance for MSMEs.
China Daily · about 3 hours ago
China will scrap value‑added tax rebates on photovoltaic products from April 2026, ending the export rebate for PV modules. Between April and December 2026, battery product rebates will be cut from 9% to 6%, and the full removal of PV rebates will take effect on 1 January 2027. The policy shift follows a November 2024 reduction of solar wafer, cell and module rebates from 13% to 9%.
FinancialContent · about 16 hours ago
China’s Ministry of Finance and State Taxation Administration announced a phased rollback of the 13% export VAT rebate for lithium‑ion batteries, cutting it to 6% on April 1 2026 and abolishing it by January 1 2027. The move has spurred a sharp rise in lithium prices and a front‑loading of exports, reshaping the global battery supply chain and leveling the playing field for non‑Chinese manufacturers.
AAStocks · about 23 hours ago
China’s Ministry of Finance and State Administration of Taxation announced that the VAT export tax rebate for photovoltaic (PV) and other products will be cancelled from April 2024. The rebate for battery products will be reduced from 9% to 6% from April 2024 until the end of 2026, after which it will be fully cancelled in 2025. The move aims to rationalise overseas prices, reduce trade friction and ease the national financial burden.
