Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Classification of imported natural rubber latex under tariff headings must follow the General Rules for Interpretation; where headings and notes permit divergent legal interpretation, revenue bears the burden to prove misclassification. Post-clearance audit and ACP/AEO facilitation require authorities to produce cogent evidence before alleging misconduct; wilful misstatement demands proof of a positive act and intent. Because the departmental challenge could reflect a genuine divergence of view and no negative intention was established, the show-cause notice was held time-barred and the impugned demand was set aside, with consequential relief permitted.
Classification of imported natural rubber latex under tariff headings must follow the General Rules for Interpretation; where headings and notes permit divergent legal interpretation, revenue bears the burden to prove misclassification. Post-clearance audit and ACP/AEO facilitation require authorities to produce cogent evidence before alleging misconduct; wilful misstatement demands proof of a positive act and intent. Because the departmental challenge could reflect a genuine divergence of view and no negative intention was established, the show-cause notice was held time-barred and the impugned demand was set aside, with consequential relief permitted.
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