Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
CESTAT allowed the appeal, determining that the imported fruit pulp/juice product should be classified under Tariff Item 2009 31 00 (single citrus fruit juice) rather than 2106 90 19. The Tribunal found no intentional misclassification or suppression of facts, as the GST rates remained consistent. The demand for differential IGST was set aside, and penalties against both the importer and customs house agent were dropped. The decision emphasized that classification should be based on product composition, not end-use, and mere misclassification does not automatically constitute deliberate suppression of information.
CESTAT allowed the appeal, determining that the imported fruit pulp/juice product should be classified under Tariff Item 2009 31 00 (single citrus fruit juice) rather than 2106 90 19. The Tribunal found no intentional misclassification or suppression of facts, as the GST rates remained consistent. The demand for differential IGST was set aside, and penalties against both the importer and customs house agent were dropped. The decision emphasized that classification should be based on product composition, not end-use, and mere misclassification does not automatically constitute deliberate suppression of information.
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