Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Worked mica in the two live consignments was correctly classified under tariff item 68149090 because the test reports and physical examination showed processed mica beyond crude mica or mere rifting, and the differential duty on those consignments was upheld. Test reports from those consignments could not be extrapolated to past consignments without samples or evidence for each Bill of Entry, so the demand on the past 72 consignments was unsustainable. The dispute was held to be one of classification, with no suppression, willful misstatement or collusion shown, so extended limitation under Section 28(4) could not be invoked. As there was no material misdeclaration or false document, confiscation, redemption fine and penalties under Sections 111(m), 112, 114A and 114AA were set aside.
Worked mica in the two live consignments was correctly classified under tariff item 68149090 because the test reports and physical examination showed processed mica beyond crude mica or mere rifting, and the differential duty on those consignments was upheld. Test reports from those consignments could not be extrapolated to past consignments without samples or evidence for each Bill of Entry, so the demand on the past 72 consignments was unsustainable. The dispute was held to be one of classification, with no suppression, willful misstatement or collusion shown, so extended limitation under Section 28(4) could not be invoked. As there was no material misdeclaration or false document, confiscation, redemption fine and penalties under Sections 111(m), 112, 114A and 114AA were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
