Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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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