Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
n-Hexane was classified as a separate chemically defined compound under Chapter 29 rather than as petroleum oil or motor spirit under Chapter 27. The Court held that the Revenue bore the burden of proving Chapter 27 classification and failed to show that the product satisfied all motor spirit conditions, including suitability for use as fuel in spark ignition engines. Applying Rule 3(a) of the General Rules of Interpretation, it preferred the more specific HSN description for hexane as an acyclic saturated hydrocarbon. It further found that manufacturing impurities did not convert the product into a mixture, and relied on the DGFT circular supporting Chapter 29 treatment. The Revenue's classification claim was rejected.
n-Hexane was classified as a separate chemically defined compound under Chapter 29 rather than as petroleum oil or motor spirit under Chapter 27. The Court held that the Revenue bore the burden of proving Chapter 27 classification and failed to show that the product satisfied all motor spirit conditions, including suitability for use as fuel in spark ignition engines. Applying Rule 3(a) of the General Rules of Interpretation, it preferred the more specific HSN description for hexane as an acyclic saturated hydrocarbon. It further found that manufacturing impurities did not convert the product into a mixture, and relied on the DGFT circular supporting Chapter 29 treatment. The Revenue's classification claim was rejected.
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