Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
A classification dispute in self-assessment does not, by itself, establish wilful misstatement or suppression of facts with intent to evade duty. The Tribunal held that where the importer disclosed the relevant particulars in the Bills of Entry and the dispute was only over tariff classification, the extended limitation period under section 28(4) was not available; reliance on statements recorded under section 108 was impermissible without compliance with section 138B. On the same footing, the penalty under section 114A could not survive. The Tribunal also held that wrong classification alone does not amount to misdeclaration for confiscation under section 111(m), so the confiscation order was set aside.
A classification dispute in self-assessment does not, by itself, establish wilful misstatement or suppression of facts with intent to evade duty. The Tribunal held that where the importer disclosed the relevant particulars in the Bills of Entry and the dispute was only over tariff classification, the extended limitation period under section 28(4) was not available; reliance on statements recorded under section 108 was impermissible without compliance with section 138B. On the same footing, the penalty under section 114A could not survive. The Tribunal also held that wrong classification alone does not amount to misdeclaration for confiscation under section 111(m), so the confiscation order was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
