ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
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The CESTAT allowed the appeal, setting aside the impugned duty demand and holding the appellant entitled to the exemption claimed under the notification for supplies made in connection with petroleum operations awarded through ICB. The Tribunal found the supplies were made pursuant to a purchase order by the project operator and supported by documentary evidence and official confirmation that relevant blocks were allotted via ICB, rendering the appellant, as subcontractor, eligible for exemption. The adjudicating authority's contrary conclusion was reversed on merits; because the order was unsustainable on merits, the Tribunal did not proceed to determine the limitation issue. Appeal allowed; impugned order annulled and exemption granted.
The CESTAT allowed the appeal, setting aside the impugned duty demand and holding the appellant entitled to the exemption claimed under the notification for supplies made in connection with petroleum operations awarded through ICB. The Tribunal found the supplies were made pursuant to a purchase order by the project operator and supported by documentary evidence and official confirmation that relevant blocks were allotted via ICB, rendering the appellant, as subcontractor, eligible for exemption. The adjudicating authority's contrary conclusion was reversed on merits; because the order was unsustainable on merits, the Tribunal did not proceed to determine the limitation issue. Appeal allowed; impugned order annulled and exemption granted.
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