Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
In a CESTAT appeal concerning alleged misdeclaration of imported oil, the tribunal held that inconclusive CRCL chemical reports indicating only some characteristics of base oil, and reliance on a single parameter (viscosity index) while omitting other essential parameters, were insufficient to sustain reclassification, revaluation or penalties; tentative wording ('may be') cannot replace categorical evidence. The adjudicating authority's refusal to examine or permit cross examination of the chemical examiner breached natural justice, so the benefit of doubt was accorded to the importers and the impugned adjudication was set aside.
In a CESTAT appeal concerning alleged misdeclaration of imported oil, the tribunal held that inconclusive CRCL chemical reports indicating only some characteristics of base oil, and reliance on a single parameter (viscosity index) while omitting other essential parameters, were insufficient to sustain reclassification, revaluation or penalties; tentative wording ('may be') cannot replace categorical evidence. The adjudicating authority's refusal to examine or permit cross examination of the chemical examiner breached natural justice, so the benefit of doubt was accorded to the importers and the impugned adjudication was set aside.
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