Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
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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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