Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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CESTAT upheld classification of the imported goods as crystalline limestone rather than marble, accepting the Geological Survey of India report as a reliable technical opinion and holding that dictionary meanings could not override expert scientific evidence. It distinguished prior marble decisions on their facts and found that the advance licence and Notification No. 203/92 exemption, which applied to marble, was correctly denied. The Tribunal also found clear misdeclaration in both description and quantity, since the goods were not as declared and excess quantity was detected on first check. Confiscation, redemption fine and penalties were therefore justified and affirmed.
CESTAT upheld classification of the imported goods as crystalline limestone rather than marble, accepting the Geological Survey of India report as a reliable technical opinion and holding that dictionary meanings could not override expert scientific evidence. It distinguished prior marble decisions on their facts and found that the advance licence and Notification No. 203/92 exemption, which applied to marble, was correctly denied. The Tribunal also found clear misdeclaration in both description and quantity, since the goods were not as declared and excess quantity was detected on first check. Confiscation, redemption fine and penalties were therefore justified and affirmed.
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