Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
The CESTAT allowed the appellant's appeal, holding that the exemption notification and IGST rate notification must be given a purposive interpretation to cover technologically advanced NAAT diagnostic kits for HIV as performing the same statutory purpose as antibody kits. The impugned order denying benefit of the Exemption Notification and reduced IGST was set aside; the imported kits are held eligible for exemption from basic customs duty and for levy of IGST at 5% as specified in List 1. The tribunal declined to decide tariff classification given the grant of exemption. Appeal allowed and impugned order dated 20.12.2022 quashed.
The CESTAT allowed the appellant's appeal, holding that the exemption notification and IGST rate notification must be given a purposive interpretation to cover technologically advanced NAAT diagnostic kits for HIV as performing the same statutory purpose as antibody kits. The impugned order denying benefit of the Exemption Notification and reduced IGST was set aside; the imported kits are held eligible for exemption from basic customs duty and for levy of IGST at 5% as specified in List 1. The tribunal declined to decide tariff classification given the grant of exemption. Appeal allowed and impugned order dated 20.12.2022 quashed.
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