Genuineness of investment evidence determines LTCG entitlement; non specific regulatory reports cannot displace transaction specific documentary proof...
Import entitlement for repairs and after sales service extends to authorised service agents; provisional release allowed subject to bond and quantitat...
Imported "actuator assy. clutch" and "tube connector assy.-clutch" were examined for classification under CTI 8708 9300 (parts of clutch) versus CTI 8708 9900 (other parts and accessories). Prior classifications were held irrelevant because res judicata and estoppel do not apply in taxation, and correct tariff classification must prevail. On merits, the items were found to be accessories/gear-shifting mechanism rather than parts of a complete clutch assembly; tariff entries could not be interpreted through notifications. They were therefore classifiable under the residual CTI 8708 9900, and consequential confiscation, redemption fine, and penalties were set aside; the departmental appeal failed and the importer's appeal succeeded with consequential benefits. - CESTAT
Imported "actuator assy. clutch" and "tube connector assy.-clutch" were examined for classification under CTI 8708 9300 (parts of clutch) versus CTI 8708 9900 (other parts and accessories). Prior classifications were held irrelevant because res judicata and estoppel do not apply in taxation, and correct tariff classification must prevail. On merits, the items were found to be accessories/gear-shifting mechanism rather than parts of a complete clutch assembly; tariff entries could not be interpreted through notifications. They were therefore classifiable under the residual CTI 8708 9900, and consequential confiscation, redemption fine, and penalties were set aside; the departmental appeal failed and the importer's appeal succeeded with consequential benefits. - CESTAT
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