Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
The dominant issue was classification of imported "MIKO-3" as "electronic toys" under CTH 95030030 versus an automatic data processing unit under CTH 84714190. Applying binding parity with an earlier decision on the same importer on an identical factual matrix, the Tribunal held that the Revenue's attempted reclassification could not be sustained. The Revenue also failed to discharge the burden of disproving the importer's declared classification or to adduce evidence establishing the product as "electronic toys" alone. Accordingly, classification under CTH 84714190 was upheld and the impugned orders were set aside, with the appeal allowed. - CESTAT
The dominant issue was classification of imported "MIKO-3" as "electronic toys" under CTH 95030030 versus an automatic data processing unit under CTH 84714190. Applying binding parity with an earlier decision on the same importer on an identical factual matrix, the Tribunal held that the Revenue's attempted reclassification could not be sustained. The Revenue also failed to discharge the burden of disproving the importer's declared classification or to adduce evidence establishing the product as "electronic toys" alone. Accordingly, classification under CTH 84714190 was upheld and the impugned orders were set aside, with the appeal allowed. - CESTAT
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