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Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT adjudicated an import classification dispute involving optical fiber cables, addressing significant procedural delays. The tribunal found the customs adjudication order was passed after an unreasonable 13-year delay from the initial show cause notice, rendering the demand unsustainable. Referencing precedential judicial guidance, specifically the Bombay HC ruling in a similar matter involving prolonged administrative inaction, the tribunal emphasized the legal principle that excessive administrative delay invalidates subsequent enforcement actions. Consequently, the tribunal allowed the importer's appeal, effectively setting aside the customs demand due to the revenue department's unexplained and inordinate procedural postponement, thereby upholding principles of administrative fairness and time-bound regulatory processes.
CESTAT adjudicated an import classification dispute involving optical fiber cables, addressing significant procedural delays. The tribunal found the customs adjudication order was passed after an unreasonable 13-year delay from the initial show cause notice, rendering the demand unsustainable. Referencing precedential judicial guidance, specifically the Bombay HC ruling in a similar matter involving prolonged administrative inaction, the tribunal emphasized the legal principle that excessive administrative delay invalidates subsequent enforcement actions. Consequently, the tribunal allowed the importer's appeal, effectively setting aside the customs demand due to the revenue department's unexplained and inordinate procedural postponement, thereby upholding principles of administrative fairness and time-bound regulatory processes.
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