Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The CESTAT held that the appellant satisfied all conditions prescribed for the export of brown basmati rice under the Foreign Trade Policy and that FSSAI standards do not mandatorily apply to such exports unless explicitly stipulated. The Revenue failed to produce statutory provisions or authoritative notifications to establish the applicability of FSSAI norms to the exported goods. Additionally, no evidence was presented showing rejection of the consignment by the importing country or diversion of goods. The reliance on a non-specialized laboratory report was insufficient to prove misdeclaration. Consequently, the Tribunal set aside the adjudicating authority's order, quashing demands of confiscation, redemption fine, duty, and penalties, and allowed the appeal.
The CESTAT held that the appellant satisfied all conditions prescribed for the export of brown basmati rice under the Foreign Trade Policy and that FSSAI standards do not mandatorily apply to such exports unless explicitly stipulated. The Revenue failed to produce statutory provisions or authoritative notifications to establish the applicability of FSSAI norms to the exported goods. Additionally, no evidence was presented showing rejection of the consignment by the importing country or diversion of goods. The reliance on a non-specialized laboratory report was insufficient to prove misdeclaration. Consequently, the Tribunal set aside the adjudicating authority's order, quashing demands of confiscation, redemption fine, duty, and penalties, and allowed the appeal.
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