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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Imported chocolate flavour was held not classifiable under Customs Tariff Heading 18069090 because Heading 1806 and its Chapter Notes apply to food preparations containing cocoa, whereas the goods were natural flavouring substances intended to be added to food and not direct food consumption. On that basis, reclassification to the residuary cocoa-based entry was unsustainable. The Tribunal also found no suppression where the Bill of Entry disclosed full import details, so RMS clearance alone could not justify invocation of the extended limitation period. The demand was therefore time-barred and the impugned order was set aside.
Imported chocolate flavour was held not classifiable under Customs Tariff Heading 18069090 because Heading 1806 and its Chapter Notes apply to food preparations containing cocoa, whereas the goods were natural flavouring substances intended to be added to food and not direct food consumption. On that basis, reclassification to the residuary cocoa-based entry was unsustainable. The Tribunal also found no suppression where the Bill of Entry disclosed full import details, so RMS clearance alone could not justify invocation of the extended limitation period. The demand was therefore time-barred and the impugned order was set aside.
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