Withdrawal of obsolete FEMA circulars streamlines rules on external commercial borrowings, non-resident bond investments, and money transfer sub-agent...
Departmental appeal limitation after call-book recall preserves original filing, while documented correlation supports SAD refund on imported granules...
Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liabil...
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deduct...
Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exi...
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Exemption for vanaspati in unit containers is excluded only when the specified goods themselves bear a brand name and are put up for retail sale. A brand name appearing solely on sale invoices is not use of that name upon the goods or their containers; therefore, the exclusion under Notification No. 6/2003-CE does not apply where the revenue cannot prove branding of the cleared goods. Earlier manufacture of branded goods creates suspicion but does not establish branding of later clearances. Duty, interest and penalty cannot be sustained on invoice references alone. Penalty also requires material showing fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty.
Exemption for vanaspati in unit containers is excluded only when the specified goods themselves bear a brand name and are put up for retail sale. A brand name appearing solely on sale invoices is not use of that name upon the goods or their containers; therefore, the exclusion under Notification No. 6/2003-CE does not apply where the revenue cannot prove branding of the cleared goods. Earlier manufacture of branded goods creates suspicion but does not establish branding of later clearances. Duty, interest and penalty cannot be sustained on invoice references alone. Penalty also requires material showing fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty.
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