Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
Foreign currency remittances were not taxable merely because they were made in foreign currency: the Tribunal held that reverse charge applies only where there is an import of service, so payments linked to import of goods, unidentified transactions, and currency fluctuation entries could not be taxed absent proof of taxable service. Services for events, exhibitions, accommodation and related reimbursements incurred and consumed outside India were outside the taxable territory and not liable to service tax. Reimbursements and year-end accrual entries later reversed were also not taxable for the period involved. The Tribunal further held the dispute was revenue neutral and the extended limitation period was not invocable, so the demand, interest and penalties were set aside.
Foreign currency remittances were not taxable merely because they were made in foreign currency: the Tribunal held that reverse charge applies only where there is an import of service, so payments linked to import of goods, unidentified transactions, and currency fluctuation entries could not be taxed absent proof of taxable service. Services for events, exhibitions, accommodation and related reimbursements incurred and consumed outside India were outside the taxable territory and not liable to service tax. Reimbursements and year-end accrual entries later reversed were also not taxable for the period involved. The Tribunal further held the dispute was revenue neutral and the extended limitation period was not invocable, so the demand, interest and penalties were set aside.
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