Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
CESTAT found that revocation of a certificate of origin was treated improperly as a verification under the Operational Certification Procedures; the Rules of Origin and Operational Certification Procedures do not permit unilateral revocation by a government authority, so such action cannot substitute for Article 16 verification, and was an extra-legal exercise. Recovery of duty foregone under the Customs rules was set aside because proper procedural notice as required by the Customs Act was not given; the cumulative rule of origin was applicable to the shipment and non-use of A Form did not negate cumulative origin. The impugned order was quashed and the appeal allowed.
CESTAT found that revocation of a certificate of origin was treated improperly as a verification under the Operational Certification Procedures; the Rules of Origin and Operational Certification Procedures do not permit unilateral revocation by a government authority, so such action cannot substitute for Article 16 verification, and was an extra-legal exercise. Recovery of duty foregone under the Customs rules was set aside because proper procedural notice as required by the Customs Act was not given; the cumulative rule of origin was applicable to the shipment and non-use of A Form did not negate cumulative origin. The impugned order was quashed and the appeal allowed.
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