Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
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