Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Classification disputes turned on the inherent character of imported flame cut used pipes versus treatment as waste or scrap; the principle of eo nomine and classification by character governs and requires attention to physical characteristics and chapter notes, but the appellants had voluntarily accepted departmental reclassification and paid duty and penalties without protest, which estops them from reopening classification or valuation. The Tribunal therefore treated misdeclaration and reclassification as non contestable in these appeals. Exercising appellate discretion on proportionality, the Tribunal moderated the redemption fine and penalty while leaving the remaining findings intact.
Classification disputes turned on the inherent character of imported flame cut used pipes versus treatment as waste or scrap; the principle of eo nomine and classification by character governs and requires attention to physical characteristics and chapter notes, but the appellants had voluntarily accepted departmental reclassification and paid duty and penalties without protest, which estops them from reopening classification or valuation. The Tribunal therefore treated misdeclaration and reclassification as non contestable in these appeals. Exercising appellate discretion on proportionality, the Tribunal moderated the redemption fine and penalty while leaving the remaining findings intact.
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