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...
Goods falling under sub-heading 16010000 were outside Notification No. 125/2011-Cus. because the annexure expressly excluded heading/sub-heading 160100, so the original exemption claim failed. The alternate claim under Notification No. 26/2000-Cus. was also rejected because a conditional exemption required supporting documents, and new material could not be introduced for the first time in appeal without compliance with the procedure for additional evidence under Rule 23. The limitation objection was denied as the one-year period under Section 28 of the Customs Act ran from the end of the month of filing of the bill of entry, making the demand notice timely.
Goods falling under sub-heading 16010000 were outside Notification No. 125/2011-Cus. because the annexure expressly excluded heading/sub-heading 160100, so the original exemption claim failed. The alternate claim under Notification No. 26/2000-Cus. was also rejected because a conditional exemption required supporting documents, and new material could not be introduced for the first time in appeal without compliance with the procedure for additional evidence under Rule 23. The limitation objection was denied as the one-year period under Section 28 of the Customs Act ran from the end of the month of filing of the bill of entry, making the demand notice timely.
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