Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
CESTAT held that customs warehouse supervision charges could be recovered on Merchant Over Time basis where officers were utilised only for a limited period in the day. Paragraph 11 of Circular No.32/2016-Cus permits Cost Recovery Charges only in specified situations, such as when the officer remains away from office for the whole day or better part thereof, services are needed more than once a day, or round-the-clock supervision is sought. Because the record showed only part-day use and no proof of full-day deployment, the show cause computation based on days rather than actual hours was unsustainable. The demand on CRC basis was set aside.
CESTAT held that customs warehouse supervision charges could be recovered on Merchant Over Time basis where officers were utilised only for a limited period in the day. Paragraph 11 of Circular No.32/2016-Cus permits Cost Recovery Charges only in specified situations, such as when the officer remains away from office for the whole day or better part thereof, services are needed more than once a day, or round-the-clock supervision is sought. Because the record showed only part-day use and no proof of full-day deployment, the show cause computation based on days rather than actual hours was unsustainable. The demand on CRC basis was set aside.
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