Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
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