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Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Recovery of service tax - Validity of instruction issued by the department to the Bank - Restriction from permitting any withdrawal from the accounts held by the appellant until the service tax liability is fully satisfied - The Court noted that the appellant did not challenge the tax authority's order imposing taxes through the statutory appeal process, making it final. Therefore, the appellant could not challenge the same order in the writ petition. - Regarding the freezing of the appellant's bank account, the Court observed that the tax authority had the power to issue such notices to enforce tax liabilities. - Considering the appellant's financial condition, the Court granted permission to clear the service tax liability through instalments. The appellant was required to make an initial payment and subsequently pay the balance amount in 24 equal monthly instalments.
Recovery of service tax - Validity of instruction issued by the department to the Bank - Restriction from permitting any withdrawal from the accounts held by the appellant until the service tax liability is fully satisfied - The Court noted that the appellant did not challenge the tax authority's order imposing taxes through the statutory appeal process, making it final. Therefore, the appellant could not challenge the same order in the writ petition. - Regarding the freezing of the appellant's bank account, the Court observed that the tax authority had the power to issue such notices to enforce tax liabilities. - Considering the appellant's financial condition, the Court granted permission to clear the service tax liability through instalments. The appellant was required to make an initial payment and subsequently pay the balance amount in 24 equal monthly instalments.
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