Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
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Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
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