Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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Imported Extraneal Peritoneal Dialysis Solution with 7.5% Icodestrin was held correctly classifiable under CTH 9018. The Tribunal followed the Supreme Court-backed classification already accepted in the appellant's own earlier case and found that the attempt to distinguish that binding precedent was untenable because the same product and classification dispute had already been examined on the relevant facts. It also noted that Delhi and Kolkata Benches had taken the same view, making the controversy no longer res integra. The contrary classification in the impugned order was rejected, the order was set aside, and the appeal was allowed with consequential benefits according to law.
Imported Extraneal Peritoneal Dialysis Solution with 7.5% Icodestrin was held correctly classifiable under CTH 9018. The Tribunal followed the Supreme Court-backed classification already accepted in the appellant's own earlier case and found that the attempt to distinguish that binding precedent was untenable because the same product and classification dispute had already been examined on the relevant facts. It also noted that Delhi and Kolkata Benches had taken the same view, making the controversy no longer res integra. The contrary classification in the impugned order was rejected, the order was set aside, and the appeal was allowed with consequential benefits according to law.
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