Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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Misdeclaration of value was not established because the Chartered Engineer's valuation was given casually, no supporting material or comparable imports were produced, and there was no evidence that the importer paid more than the invoice price; the re-determination of assessable value was therefore unsustainable. The goods also could not be classified as incomplete or unfinished computer systems, since the authorities recorded no reasons, the descriptions "computer cabinet cases" and "bare bone systems" were used interchangeably, and a cabinet case with only a motherboard and fan did not attain the essential character of a computer without a CPU. The appeals were allowed and the impugned orders were set aside.
Misdeclaration of value was not established because the Chartered Engineer's valuation was given casually, no supporting material or comparable imports were produced, and there was no evidence that the importer paid more than the invoice price; the re-determination of assessable value was therefore unsustainable. The goods also could not be classified as incomplete or unfinished computer systems, since the authorities recorded no reasons, the descriptions "computer cabinet cases" and "bare bone systems" were used interchangeably, and a cabinet case with only a motherboard and fan did not attain the essential character of a computer without a CPU. The appeals were allowed and the impugned orders were set aside.
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