Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Rejection of the declared transaction value for imported brass scrap required specific evidence of contemporaneous imports of identical goods under Rule 5. The Tribunal found that the authorities had not explained the revised classification of secondary defective brass pipes or supplied the requisite valuation particulars; visual examination alone could not displace the declared description, particularly where no tariff size restriction applied to brass scrap. The enhanced value and differential duty demand were therefore unsustainable. Misdeclaration was also not established because the contractual specification, broad tariff coverage, and chartered engineer's report conflicted with the departmental visual assessment, while no documentary evidence proved serviceability or misdeclaration. Confiscation, redemption fine and penalty were consequently set aside.
Rejection of the declared transaction value for imported brass scrap required specific evidence of contemporaneous imports of identical goods under Rule 5. The Tribunal found that the authorities had not explained the revised classification of secondary defective brass pipes or supplied the requisite valuation particulars; visual examination alone could not displace the declared description, particularly where no tariff size restriction applied to brass scrap. The enhanced value and differential duty demand were therefore unsustainable. Misdeclaration was also not established because the contractual specification, broad tariff coverage, and chartered engineer's report conflicted with the departmental visual assessment, while no documentary evidence proved serviceability or misdeclaration. Confiscation, redemption fine and penalty were consequently set aside.
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