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GST leviable on Supply of Goods at Domestic Airport to transit passengers.
Shanti Prime Publication Pvt. Ltd.
Levy of GST —
Petitioner seeks issuance of Writ directing the respondent UOI to exempt the petitioner from charging applicable taxes under the GST legislations on sale of cosmetic products, perfumes etc. to the International passengers and claim refund of any input tax paid on input supplies and input services from the retail shop which the petitioner intends to set up at the Domestic Security hold area of the Nagpur Airport.
It is the cases of the Petitioner that lot of international passengers take their flights from the Nagpur Airport to travel outside India through a transit International Airport – and the same should be considered export of goods and the treatment applicable to duty free shop should be made applicable to the Petitioner as well.
Held that— The High Court held that the precedents cited are clearly applicable only in respect of supplies to or from the duty free shops situated after the passenger crosses the immigration counter beyond the Customs frontiers, at arrival or departure hall of International Airport terminals, where the transaction would be said to have taken place outside India - same would be a "non-taxable" supply u/s 2(78) of the Act and such duty free shops located at the International Airports would be in "non-taxable" territory as defined in s.2(79) of the Act.
The aforesaid judgments would squarely apply for the sale/purchase/supplies of goods or services to or from duty free shops situated after the passenger crosses the immigration counter at arrival or departure hall of International Airports but would have no application to shops located at a domestic Airport or Domestic Security hold area, which are before even the immigration clearance by a passenger, where the transaction cannot be said to have taken place in any area beyond the customs frontiers of India or outside India.
Even otherwise, a passenger travelling on a domestic flight from Nagpur may or may not travel abroad and the Customs Authorities would not be able to have effective check and control to verify whether the goods purchased from Domestic Airport at Nagpur are actually taken abroad by the passenger.No merit in the petition. No case made out even on prima facie basis to issue any directions or any notice in that regard. — A1 Cuisines Private Limited Vs. Union of India, And State of Maharashtra [2018] 6 TAXLOK.COM 069 (Bombay)
GST leviable on Supply of Goods at Domestic Airport to transit passengers.
Shanti Prime Publication Pvt. Ltd.
Levy of GST —
Petitioner seeks issuance of Writ directing the respondent UOI to exempt the petitioner from charging applicable taxes under the GST legislations on sale of cosmetic products, perfumes etc. to the International passengers and claim refund of any input tax paid on input supplies and input services from the retail shop which the petitioner intends to set up at the Domestic Security hold area of the Nagpur Airport.
It is the cases of the Petitioner that lot of international passengers take their flights from the Nagpur Airport to travel outside India through a transit International Airport – and the same should be considered export of goods and the treatment applicable to duty free shop should be made applicable to the Petitioner as well.
Held that— The High Court held that the precedents cited are clearly applicable only in respect of supplies to or from the duty free shops situated after the passenger crosses the immigration counter beyond the Customs frontiers, at arrival or departure hall of International Airport terminals, where the transaction would be said to have taken place outside India - same would be a "non-taxable" supply u/s 2(78) of the Act and such duty free shops located at the International Airports would be in "non-taxable" territory as defined in s.2(79) of the Act.
The aforesaid judgments would squarely apply for the sale/purchase/supplies of goods or services to or from duty free shops situated after the passenger crosses the immigration counter at arrival or departure hall of International Airports but would have no application to shops located at a domestic Airport or Domestic Security hold area, which are before even the immigration clearance by a passenger, where the transaction cannot be said to have taken place in any area beyond the customs frontiers of India or outside India.
Even otherwise, a passenger travelling on a domestic flight from Nagpur may or may not travel abroad and the Customs Authorities would not be able to have effective check and control to verify whether the goods purchased from Domestic Airport at Nagpur are actually taken abroad by the passenger.No merit in the petition. No case made out even on prima facie basis to issue any directions or any notice in that regard. — A1 Cuisines Private Limited Vs. Union of India, And State of Maharashtra [2018] 6 TAXLOK.COM 069 (Bombay)
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NEWS
Oct 18, 2025
Due Date - GST
Oct 17, 2025
Introduction of "Pending" Option for Credit Notes and declaration of Reversal amount in IMS
Oct 15, 2025
Advisory for GSTR 9/9C for FY 2024-25
Oct 15, 2025
Due Date - IT
Oct 13, 2025
Due Date - GST
Oct 11, 2025
Due Date - GST
Oct 10, 2025
Due Date - GST
Oct 08, 2025
Attention : Important Advisory on IMS
Oct 07, 2025
Due Date - IT
Sep 30, 2025
Due Date - IT
Sep 26, 2025
Invoice-wise Reporting Functionality in Form GSTR-7 on portal
Sep 25, 2025
Advisory to file pending returns before expiry of three years
Sep 25, 2025
CBDT extends ‘specified date’ for filing of various reports of audit for the Assessment Year 2025-26 from 30th September, 2025 to 31st October, 2025
Sep 25, 2025
Due Date - GST
Sep 23, 2025
Advisory: New Changes in Invoice Management System (IMS)
Sep 15, 2025
The CBDT has extend the due date for filing of ITRs for AY 2025-26 from 15th September ,2025 to 16th September,2025.
Sep 15, 2025
Due Date - IT
Sep 14, 2025
Due Date - IT
Sep 13, 2025
Due Date - GST
Sep 11, 2025
Due Date - GST
Sep 10, 2025
Due Date - GST
Sep 09, 2025
Advisory to file pending returns before expiry of three years
Sep 07, 2025
Due Date - IT
Sep 03, 2025
Recommendations of the 56th Meeting of the GST Council held at New Delhi
Sep 03, 2025
Frequently Asked Questions (FAQs) on the decisions of the 56th GST Council held in New Delhi
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Oct 17, 2025
Fake Firms & Stolen Identities under GST — Delhi High Court Sounds the Alarm
Oct 17, 2025
Scrutiny vs. Show Cause: When GST Authorities Cross the Line
Oct 16, 2025
Taxation of ESOPs in Startups – Perquisites, Deferrals & Deductions
Oct 14, 2025
Valuation of Supplies Between Related Parties – What Businesses Should Watch Out For
Oct 07, 2025
Blocked ITC under Rule 86A — grounds to challenge & recent court trends
Oct 07, 2025
Consequences of Late ITR Filing – Interest, Penalty and Prosecution Risks
Oct 06, 2025
Filing of Income Tax Return in India: Forms, Procedures, Benefits & Precautions - A Comprehensive Guide for A.Y. 2025-26
Oct 04, 2025
Understanding Interest Provisions under Various Sections of the Income-tax Act: A Practical Guide for Taxpayers
Oct 03, 2025
TDS on payment for the transfer of Virtual Digital Assets (VDAs)
Oct 01, 2025
Form 15CA and Form 15CB in Foreign Remittances
Sep 30, 2025
Key Amendments in Form 3CD for AY 2025-26
Sep 29, 2025
SECTION 269ST OF THE INCOME TAX
Sep 27, 2025
Section 40A(3) of Income Tax Act: Definition and Exceptions
Sep 26, 2025
Income from House Property under the Income-tax Act, 2025: Section-wise Analysis (Sections 20-25)
Sep 15, 2025
Analysis of GST Detention & Penalty Cases – Goods in Transit
Sep 15, 2025
Survey under Income Tax- Precautions to be Taken
Sep 02, 2025
Parallel Investigation and Assessment by Central and State authorities
Sep 02, 2025
Proper Service of Notice under GST- Legal Aspect
Aug 20, 2025
Reverse Charge Mechanism under GST: When and How It Applies
Aug 20, 2025
Tax Audit Under Section 44AB: Applicability, Limits, and Due Dates
Jul 31, 2025
Time Limit for Availment of ITC: Retrospective Amendments and Legal Challenges
Jul 31, 2025
Tax Implications of Gifts Received from Relatives and Friends
Jul 16, 2025
E-Invoicing Under GST: Applicability, Process and Common Errors
Jul 16, 2025
TDS on Sale of Property u/s 194-IA: Compliance Guide for Buyers
Jul 03, 2025
Precautions to Be Taken at the Time of Closure of Business
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