Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
The imported monodisperse aerosol generator was held classifiable under Customs Tariff Item 90278090 as an instrument or apparatus for physical or chemical analysis because it functioned as an essential component of an analytical system and did not itself measure, control or maintain the relevant parameters required for Heading 9032. The Tribunal rejected the departmental reclassification under Heading 9032 and accepted the importer's classification. On limitation, it held that the extended period could not be invoked in a classification dispute where the Department had itself adopted different classifications for the same goods, so the differential duty demand, interest and penalty based on extended limitation were unsustainable.
The imported monodisperse aerosol generator was held classifiable under Customs Tariff Item 90278090 as an instrument or apparatus for physical or chemical analysis because it functioned as an essential component of an analytical system and did not itself measure, control or maintain the relevant parameters required for Heading 9032. The Tribunal rejected the departmental reclassification under Heading 9032 and accepted the importer's classification. On limitation, it held that the extended period could not be invoked in a classification dispute where the Department had itself adopted different classifications for the same goods, so the differential duty demand, interest and penalty based on extended limitation were unsustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
