Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Remission of duty - Application of Section 23 - duty free goods brought into SEZ and the same were destroyed in fire or otherwise - The Appellate Tribunal noted that there have been previous cases where goods destroyed in SEZs were found eligible for remission of duty under the Customs Act. Citing a specific case (ONGC Petro Additions Ltd. Vs. CC), the Tribunal highlighted that the responsibility for ensuring the safety of goods lies with the appellant, but negligence was not proven in this instance. Additionally, it was noted that the absence of customs inspection or analysis further supported the appellant's claim of lack of negligence. - The Tribunal upheld the appellant's right to remission of duty.
Remission of duty - Application of Section 23 - duty free goods brought into SEZ and the same were destroyed in fire or otherwise - The Appellate Tribunal noted that there have been previous cases where goods destroyed in SEZs were found eligible for remission of duty under the Customs Act. Citing a specific case (ONGC Petro Additions Ltd. Vs. CC), the Tribunal highlighted that the responsibility for ensuring the safety of goods lies with the appellant, but negligence was not proven in this instance. Additionally, it was noted that the absence of customs inspection or analysis further supported the appellant's claim of lack of negligence. - The Tribunal upheld the appellant's right to remission of duty.
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