Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
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...
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The CESTAT upheld the denial of exemption notification benefits to the appellant for ELISA test kits imported for food testing, confirming they are not exempt under the relevant notification. However, the Tribunal held that the Principal Commissioner erred in invoking the extended period of limitation under Section 28(4) of the Customs Act, 1962, as there was no suppression of material facts with intent to evade duty, and prior findings on this issue had not been reconsidered appropriately. Consequently, the confirmation of differential duty for the extended period was set aside. Furthermore, the imposition of penalty under Section 114A was quashed, as the grounds for penalty were the same as those for invoking the extended limitation period, which was unjustified. The appeal was allowed, affirming duty liability only for the normal limitation period and setting aside the extended period demand and penalty.
The CESTAT upheld the denial of exemption notification benefits to the appellant for ELISA test kits imported for food testing, confirming they are not exempt under the relevant notification. However, the Tribunal held that the Principal Commissioner erred in invoking the extended period of limitation under Section 28(4) of the Customs Act, 1962, as there was no suppression of material facts with intent to evade duty, and prior findings on this issue had not been reconsidered appropriately. Consequently, the confirmation of differential duty for the extended period was set aside. Furthermore, the imposition of penalty under Section 114A was quashed, as the grounds for penalty were the same as those for invoking the extended limitation period, which was unjustified. The appeal was allowed, affirming duty liability only for the normal limitation period and setting aside the extended period demand and penalty.
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