Capital gains valuation from stamp assessment versus net consideration for residential reinvestment: deemed stamp value replaced for gains but not for...
Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
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Preferential duty benefit under a free trade agreement could not be denied on a mechanical application of Public Notice No. 33/2024 where subsequent CBIC Instruction No. 23/2024-Customs and later public notices had superseded the earlier position. The Court held that the assessment order, which rested entirely on non-compliance with the impugned public notice, had lost its foundation once the later statutory and departmental directions came into force. It reiterated that trade-related instructions must conform to the statutory scheme and cannot dilute free trade agreement benefits or override law and CBIC circulars. The assessment was quashed and remanded for fresh consideration, with the importer's entitlement left open.
Preferential duty benefit under a free trade agreement could not be denied on a mechanical application of Public Notice No. 33/2024 where subsequent CBIC Instruction No. 23/2024-Customs and later public notices had superseded the earlier position. The Court held that the assessment order, which rested entirely on non-compliance with the impugned public notice, had lost its foundation once the later statutory and departmental directions came into force. It reiterated that trade-related instructions must conform to the statutory scheme and cannot dilute free trade agreement benefits or override law and CBIC circulars. The assessment was quashed and remanded for fresh consideration, with the importer's entitlement left open.
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