Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Imported manganese ore that had been washed, stripped of waste and sized before shipment was treated as manganese concentrate, not mere ore, for purposes of CVD exemption under Notification No. 04/2006-CE. Applying Chapter Note 4 to Chapter 26 and the HSN explanation, the CESTAT held that processes improving usability or quality and removing foreign matter bring about concentrate as a distinct excisable product. Because the exemption covered only ores, the benefit was unavailable. Following its earlier ruling on similar facts, the Tribunal upheld denial of exemption and dismissed the appeal.
Imported manganese ore that had been washed, stripped of waste and sized before shipment was treated as manganese concentrate, not mere ore, for purposes of CVD exemption under Notification No. 04/2006-CE. Applying Chapter Note 4 to Chapter 26 and the HSN explanation, the CESTAT held that processes improving usability or quality and removing foreign matter bring about concentrate as a distinct excisable product. Because the exemption covered only ores, the benefit was unavailable. Following its earlier ruling on similar facts, the Tribunal upheld denial of exemption and dismissed the appeal.
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