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...
A show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
A show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
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