Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
