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...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The appellant manufactured 'Gold Dore Bars' having purity less than 95% from gold ore/concentrate and claimed exemption under Notification No. 12/2012-CE as 'Gold Bars'. The Tribunal held that 'Gold Dore Bars' with less than 95% purity cannot be equated with 'Gold Bars' as per the Notification's Explanation defining 'Gold Dore Bars' as raw material for manufacturing 'Gold Bars'. The appellant's argument of common parlance understanding was rejected, as the Notification treated them as distinct products. While upholding the demand for differential duty for the normal period, the extended period and penalty were set aside, as there was no suppression of facts, only an interpretation issue. The matter was remanded for determining differential duty and interest for the normal period.
The appellant manufactured 'Gold Dore Bars' having purity less than 95% from gold ore/concentrate and claimed exemption under Notification No. 12/2012-CE as 'Gold Bars'. The Tribunal held that 'Gold Dore Bars' with less than 95% purity cannot be equated with 'Gold Bars' as per the Notification's Explanation defining 'Gold Dore Bars' as raw material for manufacturing 'Gold Bars'. The appellant's argument of common parlance understanding was rejected, as the Notification treated them as distinct products. While upholding the demand for differential duty for the normal period, the extended period and penalty were set aside, as there was no suppression of facts, only an interpretation issue. The matter was remanded for determining differential duty and interest for the normal period.
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