Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Classification of imported squid liver/meal powder turns on compositional analysis showing soyabean meal at ~4050%, making the vegetable protein formative of the products character under the essential character test; accordingly the goods are classifiable as preparations of a kind used in animal feeding and not as fish meal, and reclassification is affirmed. Show Cause Notices, though not verbatim adjudications, sufficiently identified misclassification, correct heading and reasons to satisfy natural justice, and thus sustain the demands. Non-disclosure of substantial soyabean content constitutes suppression of material facts, validating invocation of extended limitation for concealment. Where suppression is established, mandatory penalties and confiscation for mis-declaration are sustainable and upheld.
Classification of imported squid liver/meal powder turns on compositional analysis showing soyabean meal at ~4050%, making the vegetable protein formative of the products character under the essential character test; accordingly the goods are classifiable as preparations of a kind used in animal feeding and not as fish meal, and reclassification is affirmed. Show Cause Notices, though not verbatim adjudications, sufficiently identified misclassification, correct heading and reasons to satisfy natural justice, and thus sustain the demands. Non-disclosure of substantial soyabean content constitutes suppression of material facts, validating invocation of extended limitation for concealment. Where suppression is established, mandatory penalties and confiscation for mis-declaration are sustainable and upheld.
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