Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
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The case before CESTAT Bangalore involved the levy of National Calamity Contingent Duty (NCCD) on chassis captively consumed in the manufacture of Dumpers. The tribunal held that the chassis did not come into existence at the intermediary stage, as per Chapter Heading and HSN Notes, and therefore, was not dutiable. The question of captive consumption and exemption under N/N. 67/95 did not arise. The impugned order was set aside, and the appeal was allowed. The decision was based on the interpretation of legal provisions and previous rulings in the appellant's favor.
The case before CESTAT Bangalore involved the levy of National Calamity Contingent Duty (NCCD) on chassis captively consumed in the manufacture of Dumpers. The tribunal held that the chassis did not come into existence at the intermediary stage, as per Chapter Heading and HSN Notes, and therefore, was not dutiable. The question of captive consumption and exemption under N/N. 67/95 did not arise. The impugned order was set aside, and the appeal was allowed. The decision was based on the interpretation of legal provisions and previous rulings in the appellant's favor.
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