Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
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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