Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
A remand by the Commissioner (Appeals) treating a Tribunal judgment as 'additional evidence' under Rule 5 was held unsustainable because judicial decisions do not constitute documentary or evidentiary material within the meaning of Rule 5 and related statutory definitions; that part of the impugned orders was set aside. Separately, where facts and legal questions were identical to a prior Tribunal decision which was affirmed by the Supreme Court, the appeals were to be decided on that binding precedent; consequently the imported LCD monitors were held classifiable under CTH 8528 5200 attracting IGST at 18% and the appeals were allowed.
A remand by the Commissioner (Appeals) treating a Tribunal judgment as 'additional evidence' under Rule 5 was held unsustainable because judicial decisions do not constitute documentary or evidentiary material within the meaning of Rule 5 and related statutory definitions; that part of the impugned orders was set aside. Separately, where facts and legal questions were identical to a prior Tribunal decision which was affirmed by the Supreme Court, the appeals were to be decided on that binding precedent; consequently the imported LCD monitors were held classifiable under CTH 8528 5200 attracting IGST at 18% and the appeals were allowed.
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