Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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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Transmission shafts, gears, gear boxes and allied machine parts manufactured for agricultural machinery were classifiable under Heading 8483, because Note 2(a) to Section XVI required goods specifically covered by a Chapter 84 heading to be classified there even if they were designed for a particular machine. The Tribunal also accepted that amounts reversed under Rule 6(3) on a bona fide exemption belief had to be adjusted against any duty liability, and cum-duty benefit was admissible where no duty was separately collected. The demand, however, was held time-barred: the dispute turned on tariff interpretation, suppression with intent to evade was not proved, and the extended period could not be invoked.
Transmission shafts, gears, gear boxes and allied machine parts manufactured for agricultural machinery were classifiable under Heading 8483, because Note 2(a) to Section XVI required goods specifically covered by a Chapter 84 heading to be classified there even if they were designed for a particular machine. The Tribunal also accepted that amounts reversed under Rule 6(3) on a bona fide exemption belief had to be adjusted against any duty liability, and cum-duty benefit was admissible where no duty was separately collected. The demand, however, was held time-barred: the dispute turned on tariff interpretation, suppression with intent to evade was not proved, and the extended period could not be invoked.
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