@ PUlkit
U cant learn from cases just by reading an explanation of one para regarding the case. During a case scores of arguments are put forward by prosecution and scores by defence, their detailed analysis is done by court and decisions are given. If u want to learn from cases get the detailed data and study it from the point of understanding.
Anyway regarding ur point about what we learn from this case is (what i understood, i may be wrong somewhere in interpretation) that how a product should be classified when it undergoes some change after importation. If u will read the para of case u'll get it.
The assesse imported eggs stating that he is going to use them as prawn feed hence classified accordingly. He incubated them and hence larva was born from the eggs. Now department want to classify them under other head stating that the eggs imported by assessee have changed their form hence couldnt be classified as prawn feed.
Put yourself as a judge and decide whos correct! Here come the learning point. Court held that the fact that product has undergone change after importation is immaterial if it remains more or less same in nature and characteristic. A larva is not different from egg, it was inside the egg itself, may be the egg itself was not suitable for prawn feed and became suitable after incubation, so they will be classified under prawn feed i.e. no change in classification.
Apne profession mein to (infact i feel in every profession) aise bahut se ulte sidhe case ayenge jahan tumhara opinion maangenge, be ready for this.
Cases r not supposed to be mugged up (of course for exam purpose they have to be and i did the same). As a student of professional course they are supposed to be analysed and understood in terms of court's decision. Of course your point is correct that sometimes they may become too technical to understand straight forwardly, but even if u haven't read it before u r supposed to give a reasonable decision of ur own.
Our sir was once telling us about marking pattern nd acc. to him say in a case law u give reverse decision than that of the court (as u might haven't read the case) this doesn't means that u will get a straight forward 0. Thats the diffrerence b/n a professional and other exams. The examiner is instructed to study the reasoning given by student, and if he feels that student has able to get the centre point (i.e. the main matter and related provisions) correctly even then he should be allotted some marks.
Now regarding the ICAI, they have specifically mentioned in the IDT syllab. that u have to read the case law booklet (an essential reading for ca final) so even then if u r going to leave it, its quite unfair to blame icai, icai could have excluded this case from booklet and even then if they would have put it in exams no one would have been able to complained against it, there is no bar on icai to ask any case, so isnt it better that they give us a few selected cases and ask a quest. from them! ( i am not a big fan of institute nd not favouring it, but unless u r able to put urself in the posiition to change the pattern, its better to refer to the pattern currently going on).
CAclubindia
