Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Imported network interface cards/communication modules were classifiable as "parts" under CTI 8517 70 90, not as machines under CTI 8517 62 90, because an article is not a "part" only if it can perform an independent individual function on a standalone basis; here the goods could not communicate or achieve the intended transmission function unless slotted/assembled and configured with other components, akin to parts that are functionally inseparable from the host apparatus, so the reclassification demand failed. Invocation of the extended limitation period was unsustainable because mere self-assessment and an alleged revenue-motivated classification did not establish willful misstatement or suppression on the facts, so the demand was time-barred; the impugned order was set aside and the appeal allowed. - CESTAT
Imported network interface cards/communication modules were classifiable as "parts" under CTI 8517 70 90, not as machines under CTI 8517 62 90, because an article is not a "part" only if it can perform an independent individual function on a standalone basis; here the goods could not communicate or achieve the intended transmission function unless slotted/assembled and configured with other components, akin to parts that are functionally inseparable from the host apparatus, so the reclassification demand failed. Invocation of the extended limitation period was unsustainable because mere self-assessment and an alleged revenue-motivated classification did not establish willful misstatement or suppression on the facts, so the demand was time-barred; the impugned order was set aside and the appeal allowed. - CESTAT
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