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SC says no restrictions on voluntary name banners along Kanwar route eateriesNew Capital gains regime: CBDT issues FAQsFM favours debt reduction but sans affecting economic growthMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBDGFT simplifies EPCG Scheme procedures to enhance Ease of Doing BusinessKargil Victory Day: PM warns Pak against practising terrorismMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBPM GatiShakti Group evaluates five key infrastructure projectsMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBLadakh's Budget has increased from Rs 1100 Cr to Rs 6000 Cr in last 5 yrsChina pumps in subsidies worth USD 41 bn into car sectorCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCIndian Coast Guard rescues 14 Indian crew from stranded vessel near AlibaugObama endorses Kamala Harris for PresidentI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSGoyal sets USD 50 bn target for footwear industry to achieve by 2030Indian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportAI-based SearchGPT to compete with Google: OpenAIBiden to attend QUAD meeting to be held in New Delhi this year

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Neither Goods Nor Services


Constitutional 122nd amendment bill

Dear Sir,

I agree that in reality there may be certain category which do not fall under either services or goods. The Government in its wisdom perhaps has thought on this in bringing the 122nd Constitutional amendment bill by virtue of which they propose to bring in to amend Article 366 of COI by introducing new Clause 26A where Service is constitutionally defined to mean anything other than goods. Perhaps Government of the day has given wider scope to this Service definition to settle all disputes. Let us wait and see how the Courts could visualize this when GST becomes a reality.

with regards

Ramesh Vijayaraghavan
Customs Consultant

R Swamy 11/03/2016

 

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