Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
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Assessee's liability to collect and deposit TCS on scrap was examined on the basis of filed Form 27EQ returns, quarterly acknowledgements and a reconciliation matching scrap sales in TCS returns with audited accounts; the tribunal accepted a detailed quarterly summary showing TCS collected and adjustments (including roll-scrap treated as asset sale and duties/taxes) and held that these documentary reconciliations established collection and deposit of TCS. Operative effect: the assessment officer's imposition of additional TCS liability was found unsustainable and the order levying extra TCS was set aside.
Assessee's liability to collect and deposit TCS on scrap was examined on the basis of filed Form 27EQ returns, quarterly acknowledgements and a reconciliation matching scrap sales in TCS returns with audited accounts; the tribunal accepted a detailed quarterly summary showing TCS collected and adjustments (including roll-scrap treated as asset sale and duties/taxes) and held that these documentary reconciliations established collection and deposit of TCS. Operative effect: the assessment officer's imposition of additional TCS liability was found unsustainable and the order levying extra TCS was set aside.
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