Admissibility of recorded statements and electronic evidence: CESTAT excludes non compliant statements and email printouts and sets aside revaluation ...
Corporate guarantee invocation in insolvency petition: enforceability upheld, conditional sanction letter not a novation, limitation not barred after ...
Applying the common parlance and essential character tests, the article explains that products whose composition and intended use show they are fruit-based beverage preparations cannot be excluded from a statutory "fruit drink" entry merely by being labeled as "sharbat" or by regulatory nomenclature; the decisive factors are nature, composition and commercial identity. Inclusive "including" clauses must be construed broadly and the Revenue bears the burden to justify residuary classification; resort to residuary entries is impermissible where a specific entry reasonably applies. Uniform concessional treatment across multiple States has evidentiary weight for commercial understanding and supports a bona fide classification claim.
Applying the common parlance and essential character tests, the article explains that products whose composition and intended use show they are fruit-based beverage preparations cannot be excluded from a statutory "fruit drink" entry merely by being labeled as "sharbat" or by regulatory nomenclature; the decisive factors are nature, composition and commercial identity. Inclusive "including" clauses must be construed broadly and the Revenue bears the burden to justify residuary classification; resort to residuary entries is impermissible where a specific entry reasonably applies. Uniform concessional treatment across multiple States has evidentiary weight for commercial understanding and supports a bona fide classification claim.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
