Independent manufacturing undertaking eligibility preserves Section 80IA/80IB deductions, while machinery kept ready for use qualifies for depreciatio...
Assessing Officer Satisfaction Requirement Bars Penalty for Cash Receipt in Immovable-Property Sale Cases Where Initiation Lacks Recorded Satisfaction...
Self-assessed import entries remain appealable, while bona fide classification disputes without misdeclaration cannot justify confiscation or penaltie...
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CESTAT, an appellate tribunal, addressed the maintainability of appeals based on a CBIC circular setting a monetary limit. The re-assessment of goods at an enhanced value was reversed, restoring self-assessment. The issue was whether additional consideration was paid to exporters. The onus was on the department to prove declared value. The duty involved in each appeal was below the Rs.50 lakh limit per the circular. Citing a Bombay High Court case, it was ruled that appeals below certain monetary limits should be disposed of accordingly. The department's appeals were deemed not maintainable under the 02.11.2023 instructions. All 7 appeals were dismissed.
CESTAT, an appellate tribunal, addressed the maintainability of appeals based on a CBIC circular setting a monetary limit. The re-assessment of goods at an enhanced value was reversed, restoring self-assessment. The issue was whether additional consideration was paid to exporters. The onus was on the department to prove declared value. The duty involved in each appeal was below the Rs.50 lakh limit per the circular. Citing a Bombay High Court case, it was ruled that appeals below certain monetary limits should be disposed of accordingly. The department's appeals were deemed not maintainable under the 02.11.2023 instructions. All 7 appeals were dismissed.
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