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External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT upheld Commissioner (Appeals)'s decision to remand case back to Adjudicating Authority for fresh adjudication. The original order was challenged for violating natural justice principles, particularly regarding interpretation of Standing Order 6/2022 concerning Bills of Entry exclusions under Customs Act Sections 149 and 154. The Tribunal found Commissioner (Appeals) acted within statutory powers under Section 128A(3) of Customs Act, 1962, as original adjudication failed to observe natural justice principles. The remand order was deemed proper and legally sound, despite appellant's contention about arbitrary application of standing order. Appeal dismissed, confirming Commissioner (Appeals)'s remand order for fresh adjudication.
CESTAT upheld Commissioner (Appeals)'s decision to remand case back to Adjudicating Authority for fresh adjudication. The original order was challenged for violating natural justice principles, particularly regarding interpretation of Standing Order 6/2022 concerning Bills of Entry exclusions under Customs Act Sections 149 and 154. The Tribunal found Commissioner (Appeals) acted within statutory powers under Section 128A(3) of Customs Act, 1962, as original adjudication failed to observe natural justice principles. The remand order was deemed proper and legally sound, despite appellant's contention about arbitrary application of standing order. Appeal dismissed, confirming Commissioner (Appeals)'s remand order for fresh adjudication.
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