International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Classification of imported viewing/smart cards was disputed; CESTAT held classification is a matter of opinion and Videocon's self-assessment under CTI 8523 52 90 was correct, setting aside re classification to CTI 8529 90 90. The Tribunal found no valid basis to invoke extended limitation under section 28(4) and therefore quashed the demand. Statements recorded under section 108 were inadmissible because they were not admitted following section 138B procedure, and consequential confiscation and all penalties (including section 114AA and redemption fine requests) were set aside.
Classification of imported viewing/smart cards was disputed; CESTAT held classification is a matter of opinion and Videocon's self-assessment under CTI 8523 52 90 was correct, setting aside re classification to CTI 8529 90 90. The Tribunal found no valid basis to invoke extended limitation under section 28(4) and therefore quashed the demand. Statements recorded under section 108 were inadmissible because they were not admitted following section 138B procedure, and consequential confiscation and all penalties (including section 114AA and redemption fine requests) were set aside.
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