Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Classification of goods - benefit of exemption - Import of Flexi tanks - containers of durable nature - The CESTAT observed that the term 'durable' encompasses the endurance capability of a product and is not solely based on its capacity for reuse. They observed that durability is a relative term and should be determined based on the materials used and the intended purpose of the product. Therefore, they opined that the issue needed to be re-examined by considering the factual matrix and technical literature. - Consequently, the Tribunal remanded the matter to the adjudicating authority for further consideration.
Classification of goods - benefit of exemption - Import of Flexi tanks - containers of durable nature - The CESTAT observed that the term 'durable' encompasses the endurance capability of a product and is not solely based on its capacity for reuse. They observed that durability is a relative term and should be determined based on the materials used and the intended purpose of the product. Therefore, they opined that the issue needed to be re-examined by considering the factual matrix and technical literature. - Consequently, the Tribunal remanded the matter to the adjudicating authority for further consideration.
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