Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
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 CENVAT Credit erroneously refunded alongwith interest - penalty for ineligible availment of CENVAT Credit - The High Court emphasized that the refund and interest were paid to the petitioner based on these orders, and there was no basis for recovery. - The High Court noted that the Show Cause Notice erroneously mentioned the filing of an SLP, although it was yet to be filed. It held that the Revenue cannot unilaterally declare the refund as erroneous, especially after being unsuccessful in previous legal proceedings. - The High Court acknowledged the Revenue's right to approach the Supreme Court but emphasized that until the Revenue succeeds there or obtains interim orders, the refund cannot be deemed erroneous.
Recovery of CENVAT Credit erroneously refunded alongwith interest - penalty for ineligible availment of CENVAT Credit - The High Court emphasized that the refund and interest were paid to the petitioner based on these orders, and there was no basis for recovery. - The High Court noted that the Show Cause Notice erroneously mentioned the filing of an SLP, although it was yet to be filed. It held that the Revenue cannot unilaterally declare the refund as erroneous, especially after being unsuccessful in previous legal proceedings. - The High Court acknowledged the Revenue's right to approach the Supreme Court but emphasized that until the Revenue succeeds there or obtains interim orders, the refund cannot be deemed erroneous.
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