Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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CESTAT allowed appeal regarding CENVAT credit admissibility for telecommunication infrastructure components. Following SC's ruling in a related matter, credit was deemed admissible for towers, shelters, electric setup, and electronic items as they qualify as capital goods under Rule 2(a)(A) of CENVAT Rules. Credit for input services used in tower erection was also held permissible under Rule 2(l) of CENVAT Credit Rules, 2004, as these services directly or indirectly contributed to output services. Revenue's challenge regarding SCN issuance was rejected, as per Section 73(3) of Finance Act, 1994, SCN cannot be issued for amounts already paid prior to notice. The tribunal affirmed taxpayer's position on all contested points.
CESTAT allowed appeal regarding CENVAT credit admissibility for telecommunication infrastructure components. Following SC's ruling in a related matter, credit was deemed admissible for towers, shelters, electric setup, and electronic items as they qualify as capital goods under Rule 2(a)(A) of CENVAT Rules. Credit for input services used in tower erection was also held permissible under Rule 2(l) of CENVAT Credit Rules, 2004, as these services directly or indirectly contributed to output services. Revenue's challenge regarding SCN issuance was rejected, as per Section 73(3) of Finance Act, 1994, SCN cannot be issued for amounts already paid prior to notice. The tribunal affirmed taxpayer's position on all contested points.
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