Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The CESTAT held that the imported goods, specifically Poly (vinyl chloride) resin suspension grade, are correctly classifiable under Tariff Item 3904 21 10, a specific entry prevailing over the general residuary entry 3904 10 90, as per Rule 3(a) of the General Rules for the Interpretation of Import Tariff Schedule. The post-2017 tariff amendments were deemed irrelevant as the imports predated them. Consequently, the reclassification and the resulting customs duty demand with interest were quashed. The allegation of misdeclaration was not established, negating liability for confiscation under section 111(m) of the Customs Act. The associated confiscation order and redemption fine under section 125 were set aside. Furthermore, no penalties were warranted due to the absence of misdeclaration. The impugned order was therefore entirely set aside, and the appeal allowed in favor of the appellant.
The CESTAT held that the imported goods, specifically Poly (vinyl chloride) resin suspension grade, are correctly classifiable under Tariff Item 3904 21 10, a specific entry prevailing over the general residuary entry 3904 10 90, as per Rule 3(a) of the General Rules for the Interpretation of Import Tariff Schedule. The post-2017 tariff amendments were deemed irrelevant as the imports predated them. Consequently, the reclassification and the resulting customs duty demand with interest were quashed. The allegation of misdeclaration was not established, negating liability for confiscation under section 111(m) of the Customs Act. The associated confiscation order and redemption fine under section 125 were set aside. Furthermore, no penalties were warranted due to the absence of misdeclaration. The impugned order was therefore entirely set aside, and the appeal allowed in favor of the appellant.
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