Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT dismissed the appeal, upholding denial of the concessional duty rate for imported gold coins. The tribunal affirmed that the appellant failed to discharge the burden of proving entitlement under the exemption notification because the coins lacked the mandated engraved serial numbers and therefore did not satisfy the notification's unambiguous description for S.No.1 or S.No.2. Applying the principle that clear statutory language admits only its plain meaning, CESTAT found no infirmity in the reasons of the lower authorities and concluded there was no merit in the challenge to classification or exemption claim; the assessment and duty denial were consequently sustained.
CESTAT dismissed the appeal, upholding denial of the concessional duty rate for imported gold coins. The tribunal affirmed that the appellant failed to discharge the burden of proving entitlement under the exemption notification because the coins lacked the mandated engraved serial numbers and therefore did not satisfy the notification's unambiguous description for S.No.1 or S.No.2. Applying the principle that clear statutory language admits only its plain meaning, CESTAT found no infirmity in the reasons of the lower authorities and concluded there was no merit in the challenge to classification or exemption claim; the assessment and duty denial were consequently sustained.
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