Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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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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