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...
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Reformate imported by the appellant was held classifiable under CTI 2707 50 00, not 2710 12 19, because it was identical to the product considered in an earlier case that had already been affirmed by the Supreme Court. The Tribunal applied that earlier ruling as binding, rejected the Revenue's attempt to distinguish the present matter on the basis of different adjudication findings, and treated the classification question as closed for identical imports. Relying on the doctrine of merger and the principle in Kunhayammed, it held that the same dispute could not be reopened and set aside the impugned order.
Reformate imported by the appellant was held classifiable under CTI 2707 50 00, not 2710 12 19, because it was identical to the product considered in an earlier case that had already been affirmed by the Supreme Court. The Tribunal applied that earlier ruling as binding, rejected the Revenue's attempt to distinguish the present matter on the basis of different adjudication findings, and treated the classification question as closed for identical imports. Relying on the doctrine of merger and the principle in Kunhayammed, it held that the same dispute could not be reopened and set aside the impugned order.
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