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...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
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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