Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Imported bearing assemblies used solely as automotive components were held classifiable under CTH 87087000 as parts of motor vehicles, because the exclusionary notes in Sections XVI and XVII did not resolve the tariff conflict and Note 3 to Section XVII required application of the sole or principal use test. The goods were not treated as bearings simpliciter, but as ready-to-fit assemblies for car wheels and rear drum assemblies. The Tribunal also held that the dispute was interpretational in nature, so penalties were not warranted; the penalties in two appeals were set aside. The challenge that the lower appellate authority had travelled beyond the show cause notices was rejected.
Imported bearing assemblies used solely as automotive components were held classifiable under CTH 87087000 as parts of motor vehicles, because the exclusionary notes in Sections XVI and XVII did not resolve the tariff conflict and Note 3 to Section XVII required application of the sole or principal use test. The goods were not treated as bearings simpliciter, but as ready-to-fit assemblies for car wheels and rear drum assemblies. The Tribunal also held that the dispute was interpretational in nature, so penalties were not warranted; the penalties in two appeals were set aside. The challenge that the lower appellate authority had travelled beyond the show cause notices was rejected.
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