Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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The dominant issue was whether the extended period of limitation was validly invoked for denying exemption, ordering confiscation, and imposing penalties in relation to imported fabrics. Applying the binding Division Bench decision, the Tribunal held that the Revenue failed to satisfy the Supreme Court tests for invoking the extended limitation period, and therefore the impugned adjudication order could not be sustained; the appeals were allowed on limitation. Having decided limitation in favour of the appellant, the Tribunal held it lacked jurisdiction to examine the merits of classification, exemption denial, confiscation, or penalties; consequentially, those demands and actions did not survive. - CESTAT
The dominant issue was whether the extended period of limitation was validly invoked for denying exemption, ordering confiscation, and imposing penalties in relation to imported fabrics. Applying the binding Division Bench decision, the Tribunal held that the Revenue failed to satisfy the Supreme Court tests for invoking the extended limitation period, and therefore the impugned adjudication order could not be sustained; the appeals were allowed on limitation. Having decided limitation in favour of the appellant, the Tribunal held it lacked jurisdiction to examine the merits of classification, exemption denial, confiscation, or penalties; consequentially, those demands and actions did not survive. - CESTAT
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