Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The importer imported consignments of "Ground Colemanite (B2O3 40%) Natural Boron Ore" and claimed exemption from basic customs duty under relevant notifications. The issue was whether the imported goods fell under Customs Tariff Heading 2528 to qualify for exemption. The Tribunal held that since the test report confirmed the goods as "Boron Ore" and satisfied the notification requirements, they were eligible for duty exemption. There was no condition in the notifications that exemption was available only for ore with impurities. The revenue erred in reading additional conditions into the notifications. The exemption was available for all types of "Boron Ores" from March 1, 2005, not restricted to "Natural Boron Ore." The Tribunal ruled that claiming a particular classification or notification was a matter of belief, not willful mis-statement or suppression of facts. The larger period of limitation u/s 28(4) of the Customs Act could not be invoked merely due to a different departmental view. The Tribunal allowed the appeal, setting aside the demand, confiscation, fines, and penalties.
The importer imported consignments of "Ground Colemanite (B2O3 40%) Natural Boron Ore" and claimed exemption from basic customs duty under relevant notifications. The issue was whether the imported goods fell under Customs Tariff Heading 2528 to qualify for exemption. The Tribunal held that since the test report confirmed the goods as "Boron Ore" and satisfied the notification requirements, they were eligible for duty exemption. There was no condition in the notifications that exemption was available only for ore with impurities. The revenue erred in reading additional conditions into the notifications. The exemption was available for all types of "Boron Ores" from March 1, 2005, not restricted to "Natural Boron Ore." The Tribunal ruled that claiming a particular classification or notification was a matter of belief, not willful mis-statement or suppression of facts. The larger period of limitation u/s 28(4) of the Customs Act could not be invoked merely due to a different departmental view. The Tribunal allowed the appeal, setting aside the demand, confiscation, fines, and penalties.
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