Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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The solar pump inverter is classifiable under CTI 8504 40 90 as an inverter and not under CTI 8541 50 00 as other semi-conductor devices, as claimed by the appellant. When the assessment is finalized through the order-in-original, no demand can be raised invoking the extended period of limitation u/s 28 of the Customs Act in the same order. No penalty is imposable u/s 114A of the Customs Act since section 28 does not apply. The appellant is not eligible for exemption from payment of additional duty of customs based on the claimed classification. The impugned order is modified to uphold the classification and finalization of assessment, but set aside the demand u/s 28, interest u/s 28AA, and penalty u/s 114A. The appeal is partly allowed.
The solar pump inverter is classifiable under CTI 8504 40 90 as an inverter and not under CTI 8541 50 00 as other semi-conductor devices, as claimed by the appellant. When the assessment is finalized through the order-in-original, no demand can be raised invoking the extended period of limitation u/s 28 of the Customs Act in the same order. No penalty is imposable u/s 114A of the Customs Act since section 28 does not apply. The appellant is not eligible for exemption from payment of additional duty of customs based on the claimed classification. The impugned order is modified to uphold the classification and finalization of assessment, but set aside the demand u/s 28, interest u/s 28AA, and penalty u/s 114A. The appeal is partly allowed.
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