Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
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Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
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