Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT allowed the appeal and held that the impugned mixed-cereal products are correctly classifiable under CETH 2106 as food preparations, rejecting the Revenue's reclassification to CETSH 1901. The Tribunal found the Revenue admitted the goods were mixed cereals but failed to establish they constituted "preparations of flours" derived from starch or malt extract or otherwise possessing the essential character required for Heading 1901; no evidentiary change of fact or law justified revising a long-accepted classification. The demands for differential excise duty and the penalty under Rule 25, CEX Rules 2002, premised on reclassification were unsustainable and set aside.
CESTAT allowed the appeal and held that the impugned mixed-cereal products are correctly classifiable under CETH 2106 as food preparations, rejecting the Revenue's reclassification to CETSH 1901. The Tribunal found the Revenue admitted the goods were mixed cereals but failed to establish they constituted "preparations of flours" derived from starch or malt extract or otherwise possessing the essential character required for Heading 1901; no evidentiary change of fact or law justified revising a long-accepted classification. The demands for differential excise duty and the penalty under Rule 25, CEX Rules 2002, premised on reclassification were unsustainable and set aside.
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