Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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CESTAT adjudicated a dispute concerning classification and excise duty for palm stearin products. The tribunal determined that the appellant's classification was bona fide, based on prior circular and supported by documented manufacturing processes. The department failed to establish fraudulent intent in duty non-payment. The extended limitation period under Section 11A could not be invoked absent evidence of deliberate evasion. Critically, the show cause notice issued beyond the standard one-year limitation was deemed invalid. Precedential cases from Mumbai and Ahmedabad benches supported the appellant's position. The tribunal ultimately allowed the appeal, negating the duty demands and rejecting the extended limitation period application.
CESTAT adjudicated a dispute concerning classification and excise duty for palm stearin products. The tribunal determined that the appellant's classification was bona fide, based on prior circular and supported by documented manufacturing processes. The department failed to establish fraudulent intent in duty non-payment. The extended limitation period under Section 11A could not be invoked absent evidence of deliberate evasion. Critically, the show cause notice issued beyond the standard one-year limitation was deemed invalid. Precedential cases from Mumbai and Ahmedabad benches supported the appellant's position. The tribunal ultimately allowed the appeal, negating the duty demands and rejecting the extended limitation period application.
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