Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Classification of joss powder under customs tariff was contested: the tribunal applied Note 1(a) to Chapter 44 and concluded that only wood powders used primarily for perfumery or medicinal purposes fall under the exclusion to Chapter 44, while products lacking essential perfumery or medical characteristics are not classifiable under the plant products heading and therefore attract Chapter 44 classification; outcome: remand to verify eligibility to Notification No.46/2011 and challenge to classification allowed. On limitation, the tribunal held that an extended five year demand requires collusion, willful misstatement or suppression and that the SCN issued after one year was time barred; outcome: impugned order set aside and appeals allowed with consequential benefits.
Classification of joss powder under customs tariff was contested: the tribunal applied Note 1(a) to Chapter 44 and concluded that only wood powders used primarily for perfumery or medicinal purposes fall under the exclusion to Chapter 44, while products lacking essential perfumery or medical characteristics are not classifiable under the plant products heading and therefore attract Chapter 44 classification; outcome: remand to verify eligibility to Notification No.46/2011 and challenge to classification allowed. On limitation, the tribunal held that an extended five year demand requires collusion, willful misstatement or suppression and that the SCN issued after one year was time barred; outcome: impugned order set aside and appeals allowed with consequential benefits.
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