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 interactive flat panels: tribunal applied GRI 1 and Note 6(A) principles, HSN Explanatory Notes, and common or trade parlance test to determine that the panels are automatic data processing machines classifiable at the four-digit level under CTH 8471, with parts under CTH 8473, rather than as monitors. The tribunal held that end-use was not determinative here, that precedents cited by revenue were distinguishable, and that revenue failed to discharge the burden of proof to reclassify the goods; consequence: original self-assessment sustained and appellant entitled to consequential relief.
Classification dispute over imported interactive flat panels: tribunal applied GRI 1 and Note 6(A) principles, HSN Explanatory Notes, and common or trade parlance test to determine that the panels are automatic data processing machines classifiable at the four-digit level under CTH 8471, with parts under CTH 8473, rather than as monitors. The tribunal held that end-use was not determinative here, that precedents cited by revenue were distinguishable, and that revenue failed to discharge the burden of proof to reclassify the goods; consequence: original self-assessment sustained and appellant entitled to consequential relief.
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