Registration under s.12AB upheld; CIT(Exemptions) exceeded jurisdiction by deciding taxability instead of preliminary verification and registration di...
Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
The HC allowed the appeal in part: it affirmed the CESTAT's decision to set aside revocation of the authorised courier's registration as disproportionate given acceptance and release of the goods, but set aside the CESTAT's reduction of penalties. The HC held penalties under Regulation 14 and s.117 operate independently and restored the original penalty(s) of Rs.50,000 as imposed by Revenue, finding the CESTAT erred in reducing and/or setting aside those penalties despite upholding non-revocation. Consequently, the revocation remains quashed, but the respondent (authorised courier) must pay the restored penalties.
The HC allowed the appeal in part: it affirmed the CESTAT's decision to set aside revocation of the authorised courier's registration as disproportionate given acceptance and release of the goods, but set aside the CESTAT's reduction of penalties. The HC held penalties under Regulation 14 and s.117 operate independently and restored the original penalty(s) of Rs.50,000 as imposed by Revenue, finding the CESTAT erred in reducing and/or setting aside those penalties despite upholding non-revocation. Consequently, the revocation remains quashed, but the respondent (authorised courier) must pay the restored penalties.
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