Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
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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