Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order. The Tribunal held that the Commissioner of Customs (Appeals) lacked jurisdiction to entertain the appeal prematurely before the proper officer finalized the differential duties of customs for each bill of entry u/s 18(2) of the Customs Act, 1962. The premature disposal by the Commissioner was incorrect, and the lack of jurisdiction infected the decision on merits, necessitating the invalidation of the order.
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order. The Tribunal held that the Commissioner of Customs (Appeals) lacked jurisdiction to entertain the appeal prematurely before the proper officer finalized the differential duties of customs for each bill of entry u/s 18(2) of the Customs Act, 1962. The premature disposal by the Commissioner was incorrect, and the lack of jurisdiction infected the decision on merits, necessitating the invalidation of the order.
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