Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Whether imported cashew kernels described as provisionally preserved (nitrogen treated), roasted, and shelled/diced were classifiable under CTH 0801 or elsewhere was determined by applying GRI 1 and the specific-entry rule in GRI 3(a). Nitrogen treatment/packing was held not to be a recognised preservation method under the Tariff/HSN, and the goods retained the character of dried nuts; "diced" pieces of 2-7 mm were treated as broken kernels and classified under CTI 08013210. Roasted diced/broken cashew nuts were held to be "prepared/preserved" per HSN notes and classified under CTH 2008, specifically CTI 20081910. Shelled diced/broken cashew nuts, involving only shell removal and drying, were classified under CTI 08013210. - AAR
Whether imported cashew kernels described as provisionally preserved (nitrogen treated), roasted, and shelled/diced were classifiable under CTH 0801 or elsewhere was determined by applying GRI 1 and the specific-entry rule in GRI 3(a). Nitrogen treatment/packing was held not to be a recognised preservation method under the Tariff/HSN, and the goods retained the character of dried nuts; "diced" pieces of 2-7 mm were treated as broken kernels and classified under CTI 08013210. Roasted diced/broken cashew nuts were held to be "prepared/preserved" per HSN notes and classified under CTH 2008, specifically CTI 20081910. Shelled diced/broken cashew nuts, involving only shell removal and drying, were classified under CTI 08013210. - AAR
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