Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
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Imported zircon sand was treated as zirconium ore concentrate, not ore, because the classification turned on Chapter Notes, HSN Explanatory Notes and the treatment applied to the mined material, not merely metal content. The exemption under Notification No. 4/2006-CE was therefore unavailable, and the differential duty with interest was upheld under strict construction of exemption notifications. The challenge based on denial of cross-examination of the chemical examiner failed because no prejudice was shown and the report was not the sole basis of decision. Penalty was set aside, as the dispute was interpretational and did not warrant penal action.
Imported zircon sand was treated as zirconium ore concentrate, not ore, because the classification turned on Chapter Notes, HSN Explanatory Notes and the treatment applied to the mined material, not merely metal content. The exemption under Notification No. 4/2006-CE was therefore unavailable, and the differential duty with interest was upheld under strict construction of exemption notifications. The challenge based on denial of cross-examination of the chemical examiner failed because no prejudice was shown and the report was not the sole basis of decision. Penalty was set aside, as the dispute was interpretational and did not warrant penal action.
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