TMI Tax Updates - e-Newsletter
March 23, 2024

Case Laws in this Newsletter:

Articles

1. PRE DEPOSIT THROUGH PROVISIONALLY ATTACHED BANK ACCOUNT - POSSIBLE?

   By: DR.MARIAPPAN GOVINDARAJAN

2. Activities to be undertaken for GST Compliances of FY 2023-24 in March 2024

   By: Bimal jain

3. Jewellery seizure and addition under Income Tax: Validity and Limits

   By: Vivek Jalan

4. ITC is not available in relation to construction of immovable property which is further let out for commercial purpose

   By: Bimal jain

News

1. DRI seizes over 1.5 kg cocaine worth around Rs. 15 crore, two, including a Nigerian National, held

Notifications

DGFT

1. 80/2023 - dated 22-3-2024 - FTP

Amendment of policy condition of Crude Oil under HS Code 2709 00 10

SEZ

2. S.O.1509(E) - dated 20-3-2024 - SEZ

Central Government de-notifies an area of 45.797 hectares, thereby making resultant area of the Special Economic Zone as 73.991 hectares at State Industries Promotion Corporation of Tamil Nadu Industrial Growth Centre, Sriperumbudur Taluk, Kancheepuram District, in the State of Tamil Nadu

3. S.O. 1508 (E) - dated 20-3-2024 - SEZ

Central Government notifies an additional area of 3.9035 hectares, thereby making total area of the Special Economic Zone as 26.3261 hectares at Village Manjari Budruk, Taluka Haveli, District Pune, in the State of Maharashtra

Circulars / Instructions / Orders

Customs

1. PUBLIC NOTICE NO. 26/2023-24 - dated 7-3-2024

Disposal of Export goods brought into Customs area but neither exported nor taken back to town.

Highlights / Catch Notes

GST

• Petitioner Granted 1-Week Extension to Apply for ITC Refund Amid Claims of Coercion and Delayed Filing by Respondent.

  Case-Laws - HC : Refund claim - Period of limitation - Double Taxation - The respondent had also paid tax on the same invoices. - The petitioner sought direction for the refund of Input Tax Credit (ITC) paid on invoices for a specific period, alleging coercion due to the respondent's delayed filing of returns. The respondent argued that the petitioner's claim lacked merit due to the absence of a proper refund application. The court disposed of the petition by permitting the petitioner to file a refund application within one week, considering the exclusion of certain periods for limitation purposes.
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• Goldsmith's GST Registration Revoked for Missed Returns; Court Grants Two Weeks for Revocation Application.

  Case-Laws - HC : Cancellation of GST registration of petitioner - failure to file Periodic/GST Return - The petitioner, a Goldsmith registered under the Uttarakhand Goods and Services Tax Act, challenged the cancellation of their GST registration due to failure to file periodic/GST returns. Citing a previous judgment, the petitioner sought an opportunity to apply for revocation, promising to comply with all requirements, including filing outstanding returns and paying dues. The court, finding the issues similar and with no objection from the State, disposed of the writ petition, granting the petitioner two weeks to apply for revocation.
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• Court Rules on Input Tax Credit Reversal: Upholds Estoppel, Res Judicata; Warns Against Bench-Hunting by Litigants.

  Case-Laws - HC : Reversal/ Refund of the input tax credit - Principles of Estoppel / principle of res judicata - withdrawal of earlier petition - The High court examines the previous withdrawal of the petition and notes that it was unconditional, with no liberty granted to the petitioner. Additionally, the investigation found the petitioner culpable, leading to a show cause notice being issued. - Referring to relevant legal precedents, the court emphasizes the importance of discouraging bench-hunting tactics and upholding public policy to prevent litigants from withdrawing petitions simply to file them before a different bench.
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• Court Overturns GST Demand Order Due to Natural Justice Violation; Orders Re-adjudication and Fair Hearing.

  Case-Laws - HC : Violation of principles of natural justice - Validity of demand of GST with interest u/s 73 - the Delhi High Court addressed the petitioner's challenge against the order disposing of a Show Cause Notice regarding a tax demand. It found fault with the manner in which the Proper Officer had handled the petitioner's detailed reply, noting a lack of proper consideration and justification for deeming it unsatisfactory. As a result, the court set aside the impugned order and directed the matter to be re-adjudicated, with the Proper Officer instructed to provide the petitioner with an opportunity to clarify and supplement their response.
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• Court Rules Suspension of Registration Premature; Orders Resolution of Amendment Application on Address Change.

  Case-Laws - HC : Rejection of petitioner’s application for amendment of the registration, namely, change in address of the petitioner - The court addressed the suspension of the petitioner's registration and the issuance of a show cause notice for cancellation. It noted that these actions were premature and arbitrary since they were based on issues that were subject to the pending amendment application. The court directed the respondent to decide on the pending application within a specified timeframe and allowed the petitioner to file a reply to the show cause notice, reserving their right to challenge any adverse decisions.
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Income Tax

• Court Upholds Reassessment Validity; Minor Language Variations in Tax Notices Not Grounds for Dismissal.

  Case-Laws - HC : Reopening of assessment u/s 147 - Reasons to believe - The court examined the reasons recorded for re-assessment provided to the petitioner and compared them with the proforma maintained by the respondent. It noted minor differences in language but found that the substance of the reasons remained consistent. The court emphasized that the material basis for initiating re-assessment was the same in both documents, and minor variations in language did not warrant interference with the proceedings. - The writ petition was dismissed, upholding the validity of the notices issued for re-assessment.
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• Court Rules Undisclosed Income Taxed at Normal Rate; No Substantial Legal Question in Tax Appeal Case.

  Case-Laws - HC : Substantial question of law to be made out u/s 260A or not? - Undisclosed income surrendered during the Search and Seizure action - to be taxed at normal rate or tax rate stipulated u/s 115BBE of the Income Tax Act - The court analyzed the provisions of Section 260A of the Act and various judicial pronouncements to interpret the concept of a substantial question of law. It emphasized that a substantial question of law must be debatable and have a material bearing on the decision of the case. - Ultimately, the court concluded that the appeal did not involve any substantial question of law warranting its admission. It dismissed the appeal, affirming the decision of the ITAT regarding the taxation of the undisclosed income at the normal rate instead of the special rate specified in the Act.
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• Capital Gains Must Reflect Actual Sale Amounts, Excluding Escrow Withdrawals for Liabilities, Court Rules.

  Case-Laws - HC : Computation of Capital Gains - Exclusion of the portion of the sale consideration that was never received - The High court found that the real income (capital gains) should be computed based on the actual sale consideration received by the promoters, i.e., after deducting the amounts withdrawn from the escrow account for liabilities. It held that the initial computation, which included the escrow amount not received by the promoters, was incorrect. The full value of consideration for computing capital gains should reflect the actual amount received post-adjustments for liabilities.
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• Revisional Jurisdiction Now Includes Section 143(1) Intimations, Expanding Scope for Income Tax Act Revisions.

  Case-Laws - HC : Revisional jurisdiction u/s 264 - Application u/s 264 rejected as intimation u/s 143(1) of the Act is not an order amenable to revisional jurisdiction u/s 264 - The court ruled that intimation under Section 143(1) is amenable to revisional jurisdiction under Section 264 of the Act. This was based on precedent in "Diwaker Tripathi v. Principal Commissioner of Income tax – 17 & Ors.", which allowed for such revision.
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• Court Upholds Removal of Bogus Share Allotment Additions, Validates Share Capital Authenticity for 2009-10 Tax Year.

  Case-Laws - HC : Addition u/s 68 - bogus share application/allotment money - The Court noted the factual examination done by the Commissioner of Income Tax (Appeals) regarding the share capital of the companies involved. It found that the share capital raised by one of the companies in the assessment year 2009-10 had already been added back in the hands of the party, indicating its genuineness. The Court upheld the action of the Commissioner of Income Tax (Appeals) and ITAT in deleting the additions.
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• Court Grants Refunds but Denies Interest Due to DTVSV Act Provisions Affecting Income Tax Refunds and Adjustments.

  Case-Laws - HC : Claim of Interest on Refund u/s 7 of the DTVSV Act, 2020 - The High court determined that the petitioner was entitled to refunds as quantified in the Rectification Order dated 29.01.2021. However, it was held that interest under Section 244-A of the IT Act, 1961, was not permissible in light of the DTVSV Act, 2020's provisions, particularly the explanation to Section 7 which precludes interest on excess amounts refunded under the Act. - The court noted the petitioner's adjustments of refunds from later Assessment Years towards the payable amounts for earlier years were acknowledged. However, the court declined the recognition of interest on these adjustments as per the DTVSV Act, 2020.
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• Tribunal Limits Disallowance to 5% on Disputed Purchases Due to Lack of Documentation and Accepted Profit Margins.

  Case-Laws - AT : Estimation of income - bogus purchases - case of bogus bills arranged from the entities and diamonds purchased from somewhere else at a lower cost - The ITAT noted the absence of crucial documentation, such as delivery challans, to substantiate the purchases. Consequently, the disallowance of purchases was upheld. - Considering the appellant's argument for a lower percentage of disallowance based on the profit margin accepted in other assessment years, the Tribunal decided to restrict the disallowance to 5% of the disputed purchases, consistent with previous decisions in the appellant's case.
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• CIT's Revision u/s 263 Dismissed: AO's Assessment Order Found Accurate After Thorough Verification of Share Capital.

  Case-Laws - AT : Revision u/s 263 - as per CIT AO has not examined increase in share capital - The Tribunal noted that the AO had indeed accepted the correct balance sheet filed during the assessment proceedings, and the discrepancies between the original and rectified balance sheets were duly explained by the assessee. Therefore, the assessment order was held to be neither erroneous nor prejudicial to the interests of revenue due to the thorough verification conducted by the AO.
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• Tribunal Confirms Deduction of Lease Rental Expenses in Slump Sale for Capital Gains Calculation u/s 48(1.

  Case-Laws - AT : Capital gain computation - lease rental expenses are related to the transfer of slump sale business while computing the capital gain u/s 48(1) or not? - The Tribunal upheld the CIT(A)'s decision to allow the deduction of the additional expenditure, emphasizing its relation to the transfer of the business. Additionally, it affirmed the CIT(A)'s authority to recompute deductions and allowed the expenses incurred in the assessment year, despite crystallizing later. The Tribunal's decision was based on the finding that the expenses were integral to the transfer process.
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• Tribunal Adjusts Transfer Pricing: Alters Comparable Companies, Upholds Rejection of Foreign Entity as Tested Party.

  Case-Laws - AT : TP Adjustment - comparable selection - The issues included the rejection of the CUP method, selection of comparable companies, and rejection of a foreign Associated Enterprise as the tested party. The Tribunal upheld the transfer pricing adjustment but directed the exclusion of one comparable and the inclusion of another based on the arguments presented.
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• Penalty Notices Invalidated for Lack of Clarity on Misreporting vs. Underreporting; ITAT Deletes Penalties.

  Case-Laws - AT : Penalty u/s 270A and 271AAB - Defective notice u/s 274 - under reporting of income - search and seizure operation - The Tribunal found that the penalty notices under sections 270A and 271AAB were not in compliance with the legal requirements, as they failed to specify the exact limb under which the penalties were being levied (misreporting or underreporting of income). This lack of specificity was deemed to render the notices vague and legally insufficient to form the basis for penalty proceedings. - The Tribunal underscored that penalty proceedings are independent of assessment proceedings and must stand on their own merits. - The ITAT allowed the appeals filed by the firm, deleting the penalties
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• Assessment Void for Excluding Multiple Legal Heirs in Deceased's Case, ITAT Ruling Emphasizes Full Representation Needed.

  Case-Laws - AT : Assessment proceedings against one of the legal heirs - deceased/assessee had admittedly more than one legal representatives - Despite the legal heir's explicit objection and submission of details regarding all legal heirs, the Assessing Officer proceeded with only one of them for assessment. This action was deemed invalid and against the provisions of the law. Citing relevant legal precedents, the ITAT highlighted that assessments must be made on all legal representatives to ensure proper representation of the deceased's estate. Therefore, the Tribunal quashed the entire assessment due to the failure to include all legal heirs.
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• Partnership Firms Not Eligible for Scheduled Tribes Tax Exemption; Treated as Separate Entities Under Tax Law.

  Case-Laws - AT : Exemption u/s 10(26) - Exemption to individual members of Scheduled Tribes - Whether a partnership firm, formed by individual partners who are entitled to an exemption u/s 10(26), can claim the same exemption. - The tribunal observed that under the Income Tax Act, a partnership firm is treated as a separate and distinct entity from its partners. The Act expressly includes firms in the definition of "person" for the purpose of tax assessment, making them separately assessable entities. - The exemption u/s 10(26) of the Income Tax Act, specifically granted to individual members of Scheduled Tribes, cannot be extended to partnership firms, even if they are solely constituted of such individuals.
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• Tribunal Invalidates Re-assessment Notice Lacking Required Sanction; Time Extension Ordinance Inapplicable.

  Case-Laws - AT : Validity of reopening of assessment u/s 147 - The tribunal sided with the assessee on the key issue of the legality of the re-assessment notice under section 148. It was held that the notice was invalid as it was issued without the required sanction from the competent authority as prescribed under section 151(1) of the Act after the expiry of four years from the end of the relevant assessment year. - The ITAT observed that the argument that the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (TOLA) extended the time limit for issuing the notice was not applicable in this case.
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• ITAT Rules Salary Can't Be Deemed Dividend to Avoid Double Taxation on Already Taxed Income Under IT Act.

  Case-Laws - AT : Deemed dividend u/s 2(22)(e) - amount received as part of salary/remuneration paid to the assessee - The ITAT examined the statements recorded during the survey and the impounded trial balance. It noted that while the appellant claimed the amount was received as advance against remuneration, the trial balance showed the amount under the head of short term loan & advance. However, the Tribunal observed that the books of accounts were incomplete at the time of the survey, and entries made by the junior accountant were not approved by management. - The tribunal accepted the argument that the company had deducted TDS on remuneration paid. - The ITAT held that since the appellant had already accounted for the disputed amount in their income tax return and paid tax on it, there would be double taxation if the amount was treated as deemed dividend.
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Customs

• Court Rules on Duty Demands: Authorized and Unauthorized Removals from Bonded Warehouse Clarified.

  Case-Laws - SC : Duty demand - Bonded Warehouse - seizure of 264 cases found outside the warehouse - Unauthorisedly clearance of 27 cases from the notified public bonded warehouse - On the 264 Cases Found Outside the Warehouse: The Supreme Court found that the appellant had acted within their rights under Section 64(d) of the Customs Act, with sanctioned permission from the Superintendent. Therefore, it was incorrect to treat these goods as having been improperly removed. The Court concluded that Sections 71 and 72 of the Customs Act were not applicable to these goods. - On the 27 Missing Cases: The Court agreed with the respondent's view that these goods were unauthorisedly removed from the warehouse, thus justifying the duty demand and interest levy.
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• Court Upholds Penalty for Gold Smuggling, Citing Petitioner's Knowledge and Intent Under Customs Act Sections 112(a) & (b.

  Case-Laws - HC : Levy of penalty - smuggling of Gold - baggage rules - The case involved the petitioner's challenge against the imposition of a penalty under Sections 112(a) and 112(b) of the Customs Act, 1962, for the importation of gold contrary to prohibition. Despite the petitioner's claims of ignorance, the court found evidence suggesting his knowledge and intent in carrying and concealing the gold. - The court clarified the difference between the strict liability concept u/s 112(a) and the requirement of mens rea u/s 112(b) - The court upheld the imposition of the penalty, emphasizing the petitioner's awareness of the law and the prohibited nature of the goods.
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• Court Affirms Right to Interest on Delayed Customs Refunds, Orders Review of Claim with Document Submission Opportunity.

  Case-Laws - HC : Interest on Delayed Refund - The High court carefully considered the submissions of both parties and found merit in the petitioner's contention regarding their statutory entitlement to interest under Section 27A of the Customs Act. The court noted that even if the petitioner had not explicitly requested interest, it would still be their statutory right to claim it upon allowance of the refund applications. - Consequently, the court directed the Adjudicating Officer to determine the petitioner's interest claim, allowing them a hearing to present relevant documents.
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• Tribunal Exempts Excess Scrap from Customs Duty in Export Oriented Unit Case, Citing Input-Output Norms and Precedents.

  Case-Laws - AT : 100% EOU - Denial of benefit of exemption - violation of input output norms - excess generation of waste and scrap - The Tribunal, citing precedent and the notification's provisions, ruled in favor of the Appellants, rejecting the demand for customs duty on excess scrap cleared after segregation. - It ruled that excess scrap cleared after segregation cannot be considered as clearance of raw inputs, thereby rejecting the demand for customs duty on excess imported scrap.
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• Tribunal Rules No Extended Duty Demand Period for Good Faith Software Importer; Interest on CVD Not Imposed.

  Case-Laws - AT : Levy / Demand of Countervailing Duty (CVD) - whether the appellant, who purchased software from a subsidiary company and had it directly imported to them, could be considered the importer - As per the precedent, the appellant was considered the importer of the software. - The CESTAT analyzed the circumstances and determined that since the appellant believed in good faith that they were not the importer, the issue was interpretational. Consequently, the Tribunal found no grounds to invoke the extended period for demanding duty payment, as the appellant acted in good faith and did not intend to evade duty. Moreover, the CESTAT ruled in favor of the appellant regarding the imposition of interest on the CVD, aligning with a previous Supreme Court decision.
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• Refund Claims Denied: Tribunal Rules Reassessment Needed Before Addressing Contractual Price Variations.

  Case-Laws - AT : Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price variation clause but emphasized that the refund claims were filed without challenging the assessment of the Bills of Entry. - Citing the decision in ITC Limited vs. Commissioner, the CESTAT held that refund claims cannot be entertained unless the order of assessment or self-assessment is modified in accordance with the law. It clarified that refund proceedings are not meant for reassessment and that the conditions of exemption cannot be adjudicated within the scope of refund provisions.
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Corporate Law

• Company Ordered to Liquidation for Unpaid Dues; Official Liquidator Appointed to Manage Assets and Creditors' Payments.

  Case-Laws - HC : Seeking winding up of respondent company - Failure to pay outstanding dues - section 434 of the Companies Act, 1956 - The court noted the substantial unpaid amount despite demand and found merit in the petitioner's claim for winding up due to the respondent's failure to settle outstanding dues. - Considering the need for liquidation proceedings, the court appointed an Official Liquidator and granted necessary permissions for asset realization and disbursement of dividends. - Upon finding that all assets were realized, creditors were paid, and no further proceedings were feasible, the court ordered the dissolution of the respondent company under Section 481 of the Companies Act, 1956.
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• Court Upholds Validity of Show-Cause Notice for Wilful Default, Separate from NPA Status; Affirms Petitioners' Response Rights.

  Case-Laws - HC : Validity of SCN proposing to declare the petitioners as wilful defaulters - Classification of Account as NPA - Impact of CIRP proceedings under IBC - The High Court held that NPA classification was deemed irrelevant to the determination of wilful default, and the Show-cause Notice was deemed valid. - The court ruled that the NPA classification was a separate issue from wilful default and that the petitioners' arguments regarding the classification's invalidity were not sustainable. - The court determined that the petitioners' legal rights were not infringed by the issuance of the Show-cause Notice, as they had the opportunity to respond to it. - The court found that the allegations in the Show-cause Notice provided sufficient grounds for declaring the petitioners as wilful defaulters, as per the Master Circular. - The court clarified that wilful defaulter proceedings were not subject to the moratorium imposed by Section 96 of the IBC.
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• Petition Dismissed: Court Upholds Wilful Defaulter Status Despite OTS and CIRP; Directors Held Liable for Fund Diversion.

  Case-Laws - HC : Declaration of Wilful Defaulter of the petitioner - Liability of Directors - The High Court dismissed the petitioner's arguments regarding the mechanical repetition of decisions by the Review Committee, finding that the RC provided independent findings. - Regarding the defense against wilful default due to the CIRP, the Court held that an OTS does not absolve wilful default, especially if part of the loan is written off. - The Court noted evidence from the borrower-Company's balance sheets suggesting diversion of funds and disposal of assets, supporting the bank's allegations of wilful default. - Directors were held responsible for wilful default, irrespective of ongoing CIRP proceedings or OTS agreements. - The High Court dismissed the writ petition challenging the declaration of wilful defaulter status against the petitioner.
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Indian Laws

• Directors Cleared of Liability for Dishonored Cheque Due to Resignation Prior to Issuance.

  Case-Laws - HC : Dishonour of Cheque - vicarious liability of director - The petitioners argued that they had resigned from their directorship well before the cheque was issued and could not be held liable. The court examined the evidence, including resignation letters and company records, and found that the petitioners had indeed resigned before the cheque was issued. Relying on legal precedents, the court ruled that the petitioners could not be held liable for the dishonour of the cheque under the provisions of the Negotiable Instruments Act.
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IBC

• Tribunal Upholds Resolution Plan Approval Despite Homebuyers' Objections; No Evidence of Unfairness or Irregularities Found.

  Case-Laws - AT : Approval of Resolution Plan by the Committee of Creditors (Coc) and Adjudicating Authority - Group of 77 homebuyers as a class of creditors seeking rejection of plan. - the Tribunal found no merit in the appellant's arguments. It noted that the appellants failed to substantiate their claims regarding the resolution plan's unfairness or the alleged related party influence. The CoC's approval of the resolution plan was deemed to be based on the collective business wisdom of its members. - The Tribunal found no evidence that the CoC was irregularly constituted or that the financial creditor in question improperly participated in the CoC as a related party. - the Tribunal dismissed the allegations against the RP, noting that the RP had acted within the bounds of their duties and responsibilities.
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SEBI

• Court Grants Relief for Late Settlement Application Despite Delay, Orders Reconsideration Due to Unique Circumstances.

  Case-Laws - HC : Rejection of Petitioner’s Settlement Applications - The High court acknowledged the delay on the part of the petitioner in submitting the required documents but considered the peculiar facts of the case. Despite the delay, the court noted that the petitioner should be given an opportunity to have their settlement applications considered, as the delay should not render them inconsequential. The court found that the delay of 15 days in submitting the documents should not prejudice the petitioner. - The court granted the reliefs sought by the petitioner, directing the respondent to restore the settlement applications and consider them afresh. T
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Service Tax

• Bank Account Freeze Valid for Tax Recovery; Court Allows Instalment Payments for Settling Tax Liability.

  Case-Laws - HC : Recovery of service tax - Validity of instruction issued by the department to the Bank - Restriction from permitting any withdrawal from the accounts held by the appellant until the service tax liability is fully satisfied - The Court noted that the appellant did not challenge the tax authority's order imposing taxes through the statutory appeal process, making it final. Therefore, the appellant could not challenge the same order in the writ petition. - Regarding the freezing of the appellant's bank account, the Court observed that the tax authority had the power to issue such notices to enforce tax liabilities. - Considering the appellant's financial condition, the Court granted permission to clear the service tax liability through instalments. The appellant was required to make an initial payment and subsequently pay the balance amount in 24 equal monthly instalments.
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Central Excise

• Insulin Delivery Device Classified Under 9018 3100; Excludes Parts and Accessories for Concessional Duty Rate.

  Case-Laws - AT : Classification of goods - Reusable Insulin Delivery Device - The Tribunal observed that the Reusable Insulin Delivery Device, resembling a 'Syringe without needle,' is correctly classified under Chapter sub-heading 9018 3100. - The specific entry for concessional rate of duty under Serial No. 310 applies to all goods, excluding 'parts and accessories.' Thus, the product cannot be considered a 'part or accessory' of goods under Chapter heading 9018.
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• CESTAT: Kutch Units Eligible for Exemptions on Machinery Added Post-2005 for Quality Improvement.

  Case-Laws - AT : Area Based exemption in Kutch district - admissibility of exemptions for goods manufactured using plant and machinery installed after the cut-off date of 31.12.2005. - The CESTAT found that the addition of plant and machinery after the cut-off date does not disentitle a unit from the benefit of exemption if the addition is aimed at improving the product's quality. It clarified that there's no restriction on such additions in the notification, and the objective is to promote industrialization and economic development in the Kutch district. - The impugned order was set aside, and the appeals were allowed with consequential relief.
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• Tribunal Rules Cenvat Credit Includes Only Common Inputs; Amendment to Rule 6(3A) is Retrospective; LPG, SKO as By-products.

  Case-Laws - AT : Reversal of Cenvat Credit - The Tribunal interprets Rule 6(3A)(c)(iii) to mean that "total Cenvat credit" should only include common input and input services, not those exclusively used for dutiable goods. They find in favor of the appellant on this issue. - Regarding the prospective applicability of Notification No. 13/2016-CE (NT), the CESTAT determines that the amendment to Rule 6(3A) should have retrospective effect, supporting the appellant's argument. - The Tribunal also agrees with the appellant on the treatment of LPG & SKO as by-products, finding no reversal required for these items.
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• Handmade Branded Tobacco 'Rajhans' Classified as Unmanufactured; Court Rules on Product Classification.

  Case-Laws - AT : Principles of Estoppel against law - Classification of goods - handmade branded unmanufactured tobacco under the brand name of ‘Rajhans’ - classifiable under CETH 24039910 or not - The court analyzed the evidence presented by both parties and found that the appellant had admitted to the classification of their product as manufactured tobacco for a brief period. However, the court emphasized that there cannot be any estoppel against the law in the matter of classification. It cited various judgments to support this principle. The court concluded that the appellant's product should be classified as unmanufactured tobacco, based on the processes involved and relevant legal provisions.
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