Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
Objective characteristics govern magnesium bis-glycinate chelate classification as an amino-acid coordination compound, not a food preparation or anti...
Independent professional certification requires pleaded knowledge or complicity for criminal liability; untimely complaints remain barred by limitatio...
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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of Public Notice No. 33/2024 where subsequent CBIC Instruction No. 23/2024-Customs and later public notices had superseded the earlier position.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of Public Notice No. 33/2024 where subsequent CBIC Instruction No. 23/2024-Customs and later public notices had superseded the earlier position.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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