Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Mandarin frozen concentrate was held classifiable under the residuary citrus juice entry 2009 39 00, because the tariff scheme distinguishes mandarins from oranges and the specific heading for orange juice cannot be extended by common parlance or trade descriptions to cover mandarin juice. The Tribunal found that HSN guidance and the statutory structure prevailed over website material, end-use and a foreign customs ruling, and upheld the Revenue's reclassification on merits. On limitation, the Tribunal found no suppression or intent to evade, as the imports had been regularly declared and were known to the department; the extended period was therefore inapplicable, the demand survived only for the normal period, and confiscation, redemption fine and penalty were set aside.
Mandarin frozen concentrate was held classifiable under the residuary citrus juice entry 2009 39 00, because the tariff scheme distinguishes mandarins from oranges and the specific heading for orange juice cannot be extended by common parlance or trade descriptions to cover mandarin juice. The Tribunal found that HSN guidance and the statutory structure prevailed over website material, end-use and a foreign customs ruling, and upheld the Revenue's reclassification on merits. On limitation, the Tribunal found no suppression or intent to evade, as the imports had been regularly declared and were known to the department; the extended period was therefore inapplicable, the demand survived only for the normal period, and confiscation, redemption fine and penalty were set aside.
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