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...
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
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