Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevail...
Limitation for consequential assessments runs from prescribed authority receipt, while verified purchases cannot be disallowed merely for unanswered s...
Higher depreciation for qualifying commercial vehicles, exempt-income disallowance, research deduction verification, and club-expense treatment clarif...
Charitable registration renewal cannot become an assessment of receipts, profitability or annual exemption compliance, requiring renewal and donation ...
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The appellant's self-assessment u/s 17(1) of the Customs Act was rejected, and re-assessment was done u/s 17(4) through Notification No. 12/2021-Customs (ADD) dated 05.03.2021. The Tribunal held that the imported goods, described as 'Color Toner Black' in the Bill of Entry, were excluded from the anti-dumping duty levied on 'black toner in powder form' by the Notification dated 05.03.2021, as it explicitly excluded color toners. A color toner comprises four colors (CMYK), with 'K' denoting black. The Assistant Commissioner and Commissioner (Appeals) erred in failing to appreciate this distinction and the Notification's exclusion of color toners. Consequently, the Commissioner (Appeals)'s order dated 17.11.2022 was set aside, and the appeal was allowed.
The appellant's self-assessment u/s 17(1) of the Customs Act was rejected, and re-assessment was done u/s 17(4) through Notification No. 12/2021-Customs (ADD) dated 05.03.2021. The Tribunal held that the imported goods, described as 'Color Toner Black' in the Bill of Entry, were excluded from the anti-dumping duty levied on 'black toner in powder form' by the Notification dated 05.03.2021, as it explicitly excluded color toners. A color toner comprises four colors (CMYK), with 'K' denoting black. The Assistant Commissioner and Commissioner (Appeals) erred in failing to appreciate this distinction and the Notification's exclusion of color toners. Consequently, the Commissioner (Appeals)'s order dated 17.11.2022 was set aside, and the appeal was allowed.
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