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...
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Imported aluminium tubes, pipes and profiles were held to be raw aluminium inputs classifiable under specific tariff headings rather than as motor vehicle parts; specific tariff entries prevail over generic Heading 8708, so the goods are not solely or principally for motor vehicle use and qualify for the exemption notifications, the effect being grant of exemption. Country-of-origin documentation satisfied origin requirements, so exemption applies. Misclassification was treated as interpretation, not misrepresentation, precluding invocation of extended limitation; consequentially interest and penalties and confiscation proposals were rejected.
Imported aluminium tubes, pipes and profiles were held to be raw aluminium inputs classifiable under specific tariff headings rather than as motor vehicle parts; specific tariff entries prevail over generic Heading 8708, so the goods are not solely or principally for motor vehicle use and qualify for the exemption notifications, the effect being grant of exemption. Country-of-origin documentation satisfied origin requirements, so exemption applies. Misclassification was treated as interpretation, not misrepresentation, precluding invocation of extended limitation; consequentially interest and penalties and confiscation proposals were rejected.
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