Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Classification dispute over imported vitamin concentrates for animal feed focused on whether goods fall under animal feed preparations or chemically defined vitamins. The tribunal applied the common parlance/trade parlance test and held end use is a relevant factor but classification begins with GRI 1, applying headings and chapter notes primarily. Reliance on HSN is permissible only if fully aligned with the First Schedule, limiting HSN where divergences exist. Prior Tribunal authority classifying similar vitamin-containing imports as animal feed preparations under Heading 2309 was followed, resulting in the appeal being disposed in favour of classification as animal feed preparations.
Classification dispute over imported vitamin concentrates for animal feed focused on whether goods fall under animal feed preparations or chemically defined vitamins. The tribunal applied the common parlance/trade parlance test and held end use is a relevant factor but classification begins with GRI 1, applying headings and chapter notes primarily. Reliance on HSN is permissible only if fully aligned with the First Schedule, limiting HSN where divergences exist. Prior Tribunal authority classifying similar vitamin-containing imports as animal feed preparations under Heading 2309 was followed, resulting in the appeal being disposed in favour of classification as animal feed preparations.
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