Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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The case before CESTAT involved the classification of intermediate goods - polyester/cotton rove twisted yarn and nylon/cotton rove twisted yarn. The key issue was whether these goods should be classified under Subheading No.5608.00 or 5607.90. CESTAT held that the goods were not marketable, citing precedents such as CIMMCO BIRLA LTD. v. Commissioner of Central Excise. Due to non-marketability, the goods were not considered excisable, leading to the rejection of the duty demand. The penalty imposed was deemed unjustified as there was no prior proposal for it. The decision set aside the impugned orders and allowed the appeal.
The case before CESTAT involved the classification of intermediate goods - polyester/cotton rove twisted yarn and nylon/cotton rove twisted yarn. The key issue was whether these goods should be classified under Subheading No.5608.00 or 5607.90. CESTAT held that the goods were not marketable, citing precedents such as CIMMCO BIRLA LTD. v. Commissioner of Central Excise. Due to non-marketability, the goods were not considered excisable, leading to the rejection of the duty demand. The penalty imposed was deemed unjustified as there was no prior proposal for it. The decision set aside the impugned orders and allowed the appeal.
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