Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Latex rubber balloons used for party/festive decoration raised the dominant issue of tariff classification under CTH 4016, 9505, or 9503. Classification under CTH 4016 was rejected because it is a residuary heading for utilitarian vulcanised rubber articles, and HSN Notes and CBIC clarification specifically exclude natural rubber latex toy balloons from that heading, directing them to CTH 9503. Classification under CTH 9505 was also rejected since it covers short-term festive/carnival articles, whereas in trade parlance these goods are commercially identified and marketed as "toy balloons," with amusement as their essential character rather than mere decoration. The goods were held classifiable under CTI 95030020. - AAR
Latex rubber balloons used for party/festive decoration raised the dominant issue of tariff classification under CTH 4016, 9505, or 9503. Classification under CTH 4016 was rejected because it is a residuary heading for utilitarian vulcanised rubber articles, and HSN Notes and CBIC clarification specifically exclude natural rubber latex toy balloons from that heading, directing them to CTH 9503. Classification under CTH 9505 was also rejected since it covers short-term festive/carnival articles, whereas in trade parlance these goods are commercially identified and marketed as "toy balloons," with amusement as their essential character rather than mere decoration. The goods were held classifiable under CTI 95030020. - AAR
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