Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Classification turns on the functional capability of facsimile machines to connect to an Automatic Data Processing machine or network; the Department bears the burden of adducing technical evidence to support an adverse tariff entry and failed to do so, so the importer's classification under CTH 8443 3260 was accepted. An adverse departmental circular cannot be given retrospective effect when it operates against an importer; prospective application was required. Where classification is a bona fide interpretation without suppression or willful misstatement, extended limitation and penalty are not sustainable, and the demand and penalty were set aside.
Classification turns on the functional capability of facsimile machines to connect to an Automatic Data Processing machine or network; the Department bears the burden of adducing technical evidence to support an adverse tariff entry and failed to do so, so the importer's classification under CTH 8443 3260 was accepted. An adverse departmental circular cannot be given retrospective effect when it operates against an importer; prospective application was required. Where classification is a bona fide interpretation without suppression or willful misstatement, extended limitation and penalty are not sustainable, and the demand and penalty were set aside.
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