Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Declared value was rejected where the imported stock-lot goods were found to be about 7% higher in quantity than declared, and that discrepancy, with the importer's acceptance of enhanced value, justified doubt about transaction value; re-determination under Rule 12 and Rule 5 was sustained. The Tribunal held that the import had not yet reached the post-clearance stage, so the matter was one of re-assessment under section 17, not recovery of short-paid duty under section 28, and that the section 28 basis was legally incorrect. It further held that goods merely liable to confiscation are not automatically confiscable, and set aside confiscation, redemption fine, and the consequential section 114A penalty.
Declared value was rejected where the imported stock-lot goods were found to be about 7% higher in quantity than declared, and that discrepancy, with the importer's acceptance of enhanced value, justified doubt about transaction value; re-determination under Rule 12 and Rule 5 was sustained. The Tribunal held that the import had not yet reached the post-clearance stage, so the matter was one of re-assessment under section 17, not recovery of short-paid duty under section 28, and that the section 28 basis was legally incorrect. It further held that goods merely liable to confiscation are not automatically confiscable, and set aside confiscation, redemption fine, and the consequential section 114A penalty.
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