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...
In an export classification dispute, the decisive criterion for distinguishing industrial salt from muriate of potash was the potassium chloride content. The test report relied on by the adjudicating authority did not state that percentage, so it did not provide the determinative basis to classify the goods as restricted fertilizer or establish misdeclaration. On that evidence, the allegation that the exported goods were muriate of potash was not proved, and the penalty for illegal export of restricted goods could not be sustained; the penalty was set aside with consequential relief.
In an export classification dispute, the decisive criterion for distinguishing industrial salt from muriate of potash was the potassium chloride content. The test report relied on by the adjudicating authority did not state that percentage, so it did not provide the determinative basis to classify the goods as restricted fertilizer or establish misdeclaration. On that evidence, the allegation that the exported goods were muriate of potash was not proved, and the penalty for illegal export of restricted goods could not be sustained; the penalty was set aside with consequential relief.
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