Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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...
Flavoured milk's GST classification was in issue, specifically whether it falls under Tariff Heading 0402 (milk containing added sugar or other sweetening matter) taxable at 5% or under Heading 2202 as a beverage. Applying the special-entry-over-general-entry principle and relying on binding precedent in materially identical facts, flavoured/sweetened milk was held to be specifically covered by Heading 0402 rather than the general beverage entry under 2202. Consequently, the impugned classification and demand orders were quashed, and the authority was directed to refund the tax paid along with applicable interest within three months. - HC
Flavoured milk's GST classification was in issue, specifically whether it falls under Tariff Heading 0402 (milk containing added sugar or other sweetening matter) taxable at 5% or under Heading 2202 as a beverage. Applying the special-entry-over-general-entry principle and relying on binding precedent in materially identical facts, flavoured/sweetened milk was held to be specifically covered by Heading 0402 rather than the general beverage entry under 2202. Consequently, the impugned classification and demand orders were quashed, and the authority was directed to refund the tax paid along with applicable interest within three months. - HC
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