Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
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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