Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
GST tariff classification of tobacco processed only by sprinkling jaggery water, without flavours or other additives, turned on the settled manufacture test: if the activity does not create a new product with a distinct name, character or use, the product remains unmanufactured tobacco. Following the earlier Division Bench and Pachiappa Chettiar, the Court treated the issue as identical, held the departmental reclassification unsustainable, and set aside the consequential demand, interest and penalty. The product was held classifiable under CETH 2401 20 90 so long as the process remains confined to that limited treatment.
GST tariff classification of tobacco processed only by sprinkling jaggery water, without flavours or other additives, turned on the settled manufacture test: if the activity does not create a new product with a distinct name, character or use, the product remains unmanufactured tobacco. Following the earlier Division Bench and Pachiappa Chettiar, the Court treated the issue as identical, held the departmental reclassification unsustainable, and set aside the consequential demand, interest and penalty. The product was held classifiable under CETH 2401 20 90 so long as the process remains confined to that limited treatment.
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