Imported cement concessional duty exemption under Notification 4/2006 challenged over RSP misdeclaration; demand, interest and s.114A penalty set asid...
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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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