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...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
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The CESTAT held that empty cylinders along with valves imported by the Appellant for use in ambulances to carry medical grade oxygen are correctly classifiable under CTH 90189099 as life supporting medical equipment, and not under CTH 73110030 as containers for carrying compressed or liquefied gases. The Tribunal set aside the demand of differential duty on account of re-classification. It held that the imported cylinders are excluded from the purview of Gas Cylinder Rules 2004/2016 and the Explosives Act as they are specifically meant for fitting in ambulances. The Tribunal also set aside the confiscation of goods for alleged violation of these rules. Further, the extended period of limitation invoked by the Department was held unsustainable as there was no suppression of information by the Appellant. Consequently, no penalty was imposable. The appeal was allowed.
The CESTAT held that empty cylinders along with valves imported by the Appellant for use in ambulances to carry medical grade oxygen are correctly classifiable under CTH 90189099 as life supporting medical equipment, and not under CTH 73110030 as containers for carrying compressed or liquefied gases. The Tribunal set aside the demand of differential duty on account of re-classification. It held that the imported cylinders are excluded from the purview of Gas Cylinder Rules 2004/2016 and the Explosives Act as they are specifically meant for fitting in ambulances. The Tribunal also set aside the confiscation of goods for alleged violation of these rules. Further, the extended period of limitation invoked by the Department was held unsustainable as there was no suppression of information by the Appellant. Consequently, no penalty was imposable. The appeal was allowed.
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