Unverified Insight Portal Information Cannot Justify Reassessment Without a Verified Taxpayer-Specific Income-Escape Nexus or Demonstrated Application...
Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
Discounted cash flow valuation protects share premium where projections are reasonable, while audited book expenses defeat unexplained-expenditure add...
Section 54 construction relief survives pre-transfer commencement when completion occurs within the statutory period, excluding ineligible spouse-owne...
CESTAT set aside the impugned adjudication and allowed the appeal by way of remand, directing the original adjudicating authority to re-examine the classification dispute de novo. The authority must undertake diligent, unbiased ascertainment of the goods' description against competing headings, relevant chapter notes (including Notes 3 and 6 of Chapter 39), Rule 3 GRI and Explanatory Notes of the HSN, and, where necessary, obtain expert opinion and laboratory testing of samples or address existing test reports. Absent conclusive expert or test evidence to displace the declared "silicone in primary form," the authority must reassess classification and any recovery of duty consistent with its fresh findings.
CESTAT set aside the impugned adjudication and allowed the appeal by way of remand, directing the original adjudicating authority to re-examine the classification dispute de novo. The authority must undertake diligent, unbiased ascertainment of the goods' description against competing headings, relevant chapter notes (including Notes 3 and 6 of Chapter 39), Rule 3 GRI and Explanatory Notes of the HSN, and, where necessary, obtain expert opinion and laboratory testing of samples or address existing test reports. Absent conclusive expert or test evidence to displace the declared "silicone in primary form," the authority must reassess classification and any recovery of duty consistent with its fresh findings.
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TaxTMI 
TaxTMI 
of 4884 
