Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Classification dispute involving imported SVPS Chillers - whether to be classified under CTH 84198940 or not, and eligibility for exemption notification dated 17.03.2012. Held that improper importation provisions u/s 111 of Customs Act apply when goods do not correspond in value or other particulars. Appellants filed Bill of Entry based on import documents, claimed correct classification. Claiming wrong exemption notification alone does not warrant confiscation u/s 111(m). Tribunal relied on precedents holding goods cannot be confiscated merely for erroneous classification or exemption claim if description and value match declaration. Confiscation of goods, redemption fine, and penalty set aside as appellants did not contravene Section 111(m) and (o) at import stage. Appeal allowed.
Classification dispute involving imported SVPS Chillers - whether to be classified under CTH 84198940 or not, and eligibility for exemption notification dated 17.03.2012. Held that improper importation provisions u/s 111 of Customs Act apply when goods do not correspond in value or other particulars. Appellants filed Bill of Entry based on import documents, claimed correct classification. Claiming wrong exemption notification alone does not warrant confiscation u/s 111(m). Tribunal relied on precedents holding goods cannot be confiscated merely for erroneous classification or exemption claim if description and value match declaration. Confiscation of goods, redemption fine, and penalty set aside as appellants did not contravene Section 111(m) and (o) at import stage. Appeal allowed.
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